In the first installment of our cybersecurity series, we discussed the importance of developing and implementing practical Information Security policies and procedures within your organization as well as the ethical and legal obligations you have to protect sensitive data within the organization.
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Insurance
Corporate Voluntary Self-Disclosure of Criminal Activity: More of the Same or a Real Sea Change?
On February 22, 2023, the U.S. Department of Justice (DOJ) announced a new nation-wide policy to incentivize companies to self-report criminal activity. Among the cited benefits of self-reporting are discounts on fines and non-prosecution agreements. This new policy arrives on the heels of the “Monaco Memo,” issued in September 2022 by Deputy Attorney General Lisa Monaco, which directed each prosecutorial DOJ component to review its policies on corporate voluntary self-disclosures and update to reflect the guidance’s core principles. The policy also is in addition to guidance from Attorney General Merrick Garland, who in December 2022 emphasized prosecutorial leniency…
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New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In UM/UIM Claims Handling
One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed, the insurer cannot be held liable for having withheld the disputed policy benefits even if it later turned out they were owed. Chateau Chamberay Homeowners Ass’n v. Associated Int’l Ins. Co., 90 Cal.App.4th 335 (2001). Historically, this defense has been applied most commonly in published cases involving disputes over unsettled legal issues or where the insurer’s position was supported by a…
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New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In UM/UIM Claims Handling
One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed, the insurer cannot be held liable for having withheld the disputed policy benefits even if it later turned out they were owed. Chateau Chamberay Homeowners Ass’n v. Associated Int’l Ins. Co., 90 Cal.App.4th 335 (2001). Historically, this defense has been applied most commonly in published cases involving disputes over unsettled legal issues or where the insurer’s position was supported by a…
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Ethics & Compliance: Let’s Talk About Cybersecurity
Over the past few months, the OIG shorts series focused on structuring and implementing a comprehensive and effective ethics and compliance program. Many times, this requires a mindset shift from a checking-the-box mentality to a wholistic approach in which everyone feels they have an important role to play. Nowhere is this more apropos than in the area of cybersecurity including developing a data security strategy and maintaining an effective incident response plan.
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New Time-Limited Settlement Demand Laws Need Testing in Court
On January 1, 2023, California enacted SB1155, a law setting parameters for reasonable time-limited settlement demands. In a prior blog post, Jordan Derringer and Michael Bean discussed the statute and its potential impact on California law. In this post (originally published in Bloomberg Law), Jordan and Michael have expanded their discussion on the issue of time-limited settlement demands outside of California. They explore similar statutes enacted in Georgia and Missouri, their similarities with SB1155, and how these statutes may be interpreted by the courts.
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New Time-Limited Settlement Demand Laws Need Testing in Court
On January 1, 2023, California enacted SB1155, a law setting parameters for reasonable time-limited settlement demands. In a prior blog post, Jordan Derringer and Michael Bean discussed the statute and its potential impact on California law. In this post (originally published in Bloomberg Law), Jordan and Michael have expanded their discussion on the issue of time-limited settlement demands outside of California. They explore similar statutes enacted in Georgia and Missouri, their similarities with SB1155, and how these statutes may be interpreted by the courts.
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New California Law Impacts “Time-Limited Demands” in the Insurance Industry
This article was originally published in Daily Journal on January 4, 2023.
On January 1, 2023, a new California law, Code of Civ. P. § 999, et seq., took effect. This law sets forth various requirements that a policy “time-limited demand” must meet to justify a “bad faith refusal to settle” claim in the event the liability insurer does not accept it. …
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New California Law Impacts “Time-Limited Demands” in the Insurance Industry
This article was originally published in Daily Journal on January 4, 2023.
On January 1, 2023, a new California law, Code of Civ. P. § 999, et seq., took effect. This law sets forth various requirements that a policy “time-limited demand” must meet to justify a “bad faith refusal to settle” claim in the event the liability insurer does not accept it. …
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When Organizational Culture Goes Wrong: A Federal Judge’s Vivid Description of Cultural Decay Inside Theranos
This blog was originally published in Law360.
On November 18, 2022, U.S. District Court Judge Edward Davila sentenced Theranos founder and CEO Elizabeth Holmes to over 11 years in prison for fraud. Judge Davila, of the U.S. District Court for the Northern District of California, said the harsh sentence was justified because investors in Silicon Valley startup companies should be able to expect to take “risks free from fraud.” In explaining his sentence, Judge Davila painted a vivid picture of a culture of fraud inside Theranos, driven by Ms. Holmes’s “hubris” and “loss of a moral compass.”[1] From…
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Organizational Integrity Shorts: Compliance Self-Assessments
There is a compliance obligation that is sometimes honored in the breach: regular compliance self‐assessments. In this edition of OIG Shorts, the Sheppard Mullin Richter & Hampton LLP Organizational Integrity Group explains why such self-assessments are valuable and the reasons to make a timely self-assessment part of your organization’s New Year’s resolutions.
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Yahoo Inc. v. National Union Fire Ins. Co. of Pitts.: Revisiting the Rules of Policy Interpretation
In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, — Cal. Rptr. 3d —;2022 Cal. LEXIS 6887; 2022 WL 16985647 (Nov. 17, 2022), the California Supreme Court applied established rules of policy interpretation and found that the definition of “personal injury” in Yahoo’s policy was ambiguous. The Court also determined that the rule of contra proferentem applied to a manuscript endorsement negotiated by two sophisticated parties, because the disputed language was standard insurance language. While the holding appears to be case specific, future questions may arise regarding the application of the rule of contra proferentem. …
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Yahoo Inc. v. National Union Fire Ins. Co. of Pitts.: Revisiting the Rules of Policy Interpretation
In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, — Cal. Rptr. 3d —;2022 Cal. LEXIS 6887; 2022 WL 16985647 (Nov. 17, 2022), the California Supreme Court applied established rules of policy interpretation and found that the definition of “personal injury” in Yahoo’s policy was ambiguous. The Court also determined that the rule of contra proferentem applied to a manuscript endorsement negotiated by two sophisticated parties, because the disputed language was standard insurance language. While the holding appears to be case specific, future questions may arise regarding the application of the rule of contra proferentem. …
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Organizational Integrity Shorts: Ethics & Compliance Program Funding
Many business leaders still view Ethics & Compliance as a cost center rather than a cost reducer. This thinking can create quite the hurdle for CECOs looking to secure a meaningful E&C budget. In this edition of OIG Shorts, the Sheppard Mullin Richter & Hampton LLP Organizational Integrity Group offers up some ammo to CECOs for their internal budgeting discussions.
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Organizational Integrity Shorts: Measuring The Efficacy Of Your Ethics & Compliance Program
Previous installments of OIG Shorts addressed practical approaches to creating a more effective Ethics & Compliance program. The sixth installment of OIG Shorts focuses on the importance of measuring the efficacy of the program.
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Organizational Integrity Shorts: Let’s Be Disciplined About Discipline
Discipline is a complicated thing. Ask any parent. The fifth installment of OIG Shorts focuses on discipline as a core component of an effective Ethics & Compliance Program.
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