Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 83, No. 2, April

DOJ's Yates Memorandum: Focus Enforcement Efforts on Individuals
International Association of Defense Counsel Committee members prepare newsletters on a monthly basis that contain a wide range of practical and helpful material. This section of the Defense Counsel Journal is dedicated to highlighting interesting...
DOJ's Yates Memorandum: Focus Enforcement Efforts on Individuals
ON September 9, 2015, Deputy Attorney General Sally Yates attempted to raise the bar for companies seeking cooperation credit by announcing new directives for the Department of Justice ("DOJ") to require cooperating companies to, among other things,...
Don't Get Thrown out on Your Derriere: Common Mistakes in Establishing Federal Subject-Matter Jurisdiction
IN federal court, subject-matter jurisdiction is a magic bullet. Jurisdictional problems are particularly pernicious (to the verdict winner) or useful (to the verdict loser) because they can never be waived, the court must address any potential jurisdictional...
Don't Get Thrown out on Your Derriére: Common Mistakes in Establishing Federal Subject-Matter Jurisdiction
IN federal court, subject-matter jurisdiction is a magic bullet. Jurisdictional problems are particularly pernicious verdict (to the loser) verdict because winner) they or useful can never (to the be waived, the court must address any potential jurisdictional...
ERISA Breach of Fiduciary Duty: Shifting the Burden of Proving Causation to the Defendant
THE Employee Retirement Income Security Act of 1974 ("ERISA") aimed to protect America's workers. It sought to decrease fraud and guard against harm to beneficiaries. (1) Congress passed ERISA to protect beneficiaries from losing all they had saved...
Focus on Being Good World Citizens
At our 2016 Midyear Meeting in February, our keynote speaker was Shiza Shahid, friend of Nobel Prize winner Malala Yousafzai and co-founder and CEO of the Malala Fund. This remarkable business woman rushed to the side of Ms. Yousafzai, a 15-year-old...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
No Cents in Doing It Again: The Importance of Disclosing Insurance Coverage at Discovery
HENRY Ellis, the state of Georgia's second royal governor, is the attributed author of the famous admonition that one should not "make a mountain of a mole-hill." (1) The phrase offers a tenable explanation for the Supreme Court of Georgia's recent...
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit
IN THE Supreme Court of the United States THE PROCTER & GAMBLE COMPANY, Petitioner, v. DINO RIKOS, et al., Respondents. BRIEF FOR AMICUS CURIAE INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL IN SUPPORT OF PETITIONER Mary-Christine...
Thinking outside the Box: A Review of Innovations in Trial Practice
This article originally appeared in the January 2016 Trial Techniques and Tactics Committee newsletter. TRIAL practice in state and federal court has evolved to include innovative techniques to enhance advocacy and assist the jury in understanding...
Vacating Arbitration Awards Due to "Evident Partiality" under the Federal Arbitration Act
This article originally appeared in the January 2016 Insurance and Reinsurance Committee newsletter. ARBITRATIONS have become more commonplace in recent years. Many employment agreements, union contracts, insurance policies and reinsurance agreements...
We've Only Just Begun: Determining Who Pays after the Approval of the NFL Concussion Settlement
CHRONIC Traumatic Encephalophy (CTE) is a progressive degenerative disease of the brain found in athletes who have a history of repetitive brain trauma, including symptomatic concussions and asymptomatic subconcussive hits to the head. One of the leading...
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