PLUS Journal - Previous Issue

The PLUS Foundation is now taking nominations for its Chapter Charity Grants for 2012.

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Common law requires insureds to read their insurance contracts. Reality is that few consumers do. If insureds do not read their policies, then it is hard to say the parties got the deal they both expected, let alone thought best. Some people propose advance disclosure of policy forms for insureds to review before buying insurance, but these are unlikely to be read. A better remedy is for consumers to look to brokers for sound advice of best available coverage for the risk.

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For 40 years, the Securities & Exchange Commission (SEC) has allowed defendants to settle SEC matters and pay monetary penalties and disgorgement while "neither admitting, nor denying" the truth of the allegations against them. This practice allowed the SEC to avoid overt denials of wrongdoing, while also allowing defendants to avoid creating admissions that could be used against them in separate civil proceedings-or by D&O insurance carriers seeking to prove underlying facts necessary to exclude coverage under certain conduct-based exclusions.

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This article discusses the recently filed antitrust litigation and the regulatory and criminal investigations surrounding the allegations that some banks were manipulating certain key interest rates in an effort to profit from those rates or to otherwise look more creditworthy during the subprime scandal. The various interest rates being investigated include the Libor rate (which is reported to be tied to approximatley $350 to $360 trillion in financial products) as well as the Tibor and Euribor rates. As such, if it is ultimately determined by regulators and/or others that there was improper manipulation of these rates, the consequences could be significant.

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Navigating Life & Career: Strategies for Happiness and Success

Featuring The Honorable Barbara M.G. Lynn, U.S. District Judge, Northern District of Texas

Monday, June 4, 2012 - 4:30 to 7:00 p.m

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