When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual...more
Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The...more
Can a new Department of Justice enforcement approach make clawback policies covering criminal activities a best practice?
The DOJ is implementing a new policy under which prosecutors will make clawback policies for...more
3/8/2023
/ Clawbacks ,
Compensation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Incentives ,
Risk Management ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Complying with directives from Main Justice, the USAOs have announced a new policy designed to incentivize voluntary self-disclosure of corporate misconduct.
To receive credit for self-disclosure, disclosures must be...more
As the 118th Congress prepares to take office, those who may be targets of a new congressional agenda emphasizing government investigations should assess and address their vulnerabilities.
Top industry targets for...more
11/21/2022
/ American Rescue Plan Act of 2021 ,
Antitrust Violations ,
CARES Act ,
China ,
Congressional Investigations & Hearings ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
Financial Services Industry ,
Fraud ,
Government Investigations ,
Policies and Procedures ,
Risk Management ,
Risk Mitigation ,
Supply Chain ,
Technology Sector ,
Vulnerability Assessments
The Court will decide whether the government can dismiss qui tam actions after initially declining to intervene and what standard courts should apply to the government’s dismissal request.
The Supreme Court agreed to...more