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Case Briefs
GA High Court Upholds Insurer Right to Consent to Settlement
The Supreme Court of Georgia, applying state law, has ruled in a unanimous decision that a policyholder's complaint against its insurer seeking coverage for amounts paid to settle an underlying lawsuit and alleging bad faith was properly dismissed on the grounds that the policyholder settled the underlying lawsuit without its insurer's consent. Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co., No. S15Q0418 (Ga. Apr. 20, 2015). In so holding, the court rejected the policyholder's argument that the insurer's consent was not required because the insurer allegedly withheld such consent unreasonably and in bad faith. The court also rejected the policyholder's argument that court approval of the underlying settlement transformed the settlement into a “legal obligation to pay.”
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.