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Strategies for Defending Against Department Enforcement Actions

PDF Association of California Insurance Companies General Counsel Seminar
Las Vegas, Nevada
July 23, 2014

Sanford Michelman and David Samuels spoke at the Association of California Insurance Companies’ (ACIC) 25th Annual General Counsel Seminar in Las Vegas Nevada.

The U.S. Federal Government and Administrative Agencies bring numerous types of enforcement actions, all governed by the Administrative Procedures Act (APA), enacted in 1946. This presentation addressed how best to navigate enforcement actions, what to do when an enforcement action is brought, and how to settle an enforcement action.

At the conclusion of this session, attendees learned:

  • How to deal with limited discovery rights, what to do during pre-hearings, as well as when and how to best discuss settlement;
  • How the APA differs from the Code of Civil Procedure, and how the “technical” rules do not apply; and
  • Ways to treat an enforcement hearing like a trial, including cross-examinations, objections, filing of motions and closing arguments.

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