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Too Much <i>Fluor?</i> California Supreme Court Overturns <i>Henkel</i>
Consent-to-assignment clauses are integral features of most commercial general liability (“CGL”) policies because they eliminate the potential burden of unknown parties seeking insurance coverage for liability that an insurer did not foresee or intend to cover. Pursuant to these clauses, an insured cannot assign its interest in insurance benefits to another party without the insurer's consent. Given their salutary purposes, California courts have historically upheld the validity of these consent-to-assignment clauses in CGL policies, even in situations where the event giving rise to liability occurred prior to the putative assignment. However, the California Supreme Court recently reversed course and overturned one of its earlier decisions, rejecting consent-to-assignment clauses as a bar to coverage where the loss at issue pre-dates the assignment.
This article: 1) provides an overview of consent-to-assignment clauses in CGL policies; 2) discusses the California Supreme Court's decision in Henkel; and 3) examines the California Supreme Court decision in Fluor Corp. v. Superior Court and its impact on the enforceability of consent-to-assignment clauses.
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.