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Insurance Claims for Solar Panel Defects
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation. The most notable source of such allegations is a recent New York Times article (“Solar Industry Anxious over Defective Panels,” May 28, http://nyti.ms/1alDtFY), in which reporter Todd Woody cited multiple reports of double-digit defect rates for installed components.
While aggregate industry figures are hard to come by, industry participants have not denied that problems exist. In response to the Times article, SolarWorld, which claims to be the largest U.S. solar panel manufacturer, warned that “without urgent attention, reports of increasing defects among crystalline silicon solar panels could undermine low and stable defect rates that the industry achieved in mass production beginning in the 1970s.” See http://yhoo.it/18sefQC%20'(last viewed Sept. 4, 2013).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.