Insights

Insurer Exposure to Prejudgment Interest in Excess of Policy Limits
May 9, 2017 | When evaluating the value of an underlying case for settlement or reserving purposes, an insurer would be remiss to ignore the potential effect of prejudgment interest. Most jurisdictions consider prejudgment interest as an item of compensatory damages covered under most insuring agreements up to policy limits.

VLG’s Best Practices for Financial Condition Examinations
March 17, 2017 | VLG Partner Cindy Bordelon provides insights into the steps insurers can take to manage expectations and prepare for full-scope state insurance commission financial examinations.

Insurance Receivership Litigation: Observations Through the Looking Glass
February 13, 2017 | Insurance receiverships can be a particularly risky environment for corporate defendants, especially those accused of tortious misconduct that “masked” the insolvency of the company. Such defendants can include other insurers, reinsurers, law firms, accounting firms, actuarial firms, and other professional service providers.

Getting to What Matters: Streamlining Electronic Discovery
February 6, 2017 | In this publication, VLG Partner Tom Thompson explores a smarter approach to electronic discovery -- one that embraces technology and efficient case management principles.

Jurors Are Not Computers: The Science Behind "Irrational" Decision-Making
February 3, 2017 | In this Client Alert, VLG Partner Ron Lepinskas explores "heuristics" -- the unconscious mental shortcuts that people employ to make judgments -- in the context of jury deliberations.

Crisis Management: Some Tips and Observations for General Counsel
January 31, 2017 | It's hard for any General Counsel to be in the position for long before a crisis of some magnitude arises. Damon Vocke shares his personal insight on some items that should be considered in the immediate response plan when a crisis arises.

Internal Investigation Checklist: An Overview
January 31, 2017 | Corporate misconduct, and in the extreme civil and even possibly criminal fraud, is likely to occur on some scale at any large, complex financial institution. Damon Vocke shares his insight into steps General Counsel can take to make sure the corporation has a "good story to tell" if and when misconduct occurs.

Class Action Defense Checklist
January 31, 2017 | Sooner or later it happens – the complaint hits your desk embellished with bold capital letters letting every reader immediately know it is a CLASS ACTION COMPLAINT of the type dreaded by defendants everywhere. We offer this checklist of considerations and action items to assist in-house counsel in evaluating the class action complaint and battening down the hatches in preparation for the litigation to come.

Attorney-Client Privilege for In-House Counsel: A Refresher
January 31, 2017 | Legal advice provided to a corporation is a valuable asset that can be protected from disclosure to outsiders by the attorney-client privilege. In this article, we to share our unique experience and provide tips to assist you in protecting the confidentiality of your legal advice.

Disclosure of Reserves in Bad Faith Actions
January 31, 2017 | In a bad faith action, courts have split on whether reserves are relevant. We examine some recent decisions on this issue following changes to the Federal Rules of Civil Procedure.

Now Is the Time to Update Your Outside Counsel Guidelines
January 30, 2017 | Do your outside counsel guidelines (OCGs) continue to reflect your values and current practice management philosophies and mandates? We offer some tips and suggestions for updating your OCGs today.

Differences in the Regulatory Paradigms for Banks and Insurance Companies and the Impact on International Solvency Requirements for Insurance Companies
January 23, 2017 | As a federal bank regulator, the Federal Reserve System supervises and regulates a wide range of financial institutions and activities, and works with other federal and state authorities to ensure that financial institutions safely manage their operations and provide fair and equitable services to consumers.

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