• Claims litigation is an ordinary course occurrence for FNF. As an insurance company with over $2.6 billion of loss reserves as of September 30, 2009, FNF's routine business is evaluating and paying claims, some of which can be large. Therefore, disclosure of these specific claims was not required under any law or regulation of the SEC and these matters were otherwise immaterial;
• The specific claims described were also excludable from FNF's legal proceedings disclosure under Item 103 of the SEC's Regulation S-K, which sets a dollar threshold below which disclosure is not required;
• Nevertheless, FNF did provide disclosure about the impact of these claims and related insurance receivables on its cash flows beginning with the first quarter of 2008;
• None of FNF's current employees have asserted Fifth Amendment rights.

Although the article does acknowledge that FNF has fully cooperated with the federal investigation, it is important to point out that FNF is actively fighting mortgage fraud, is a member of several working groups assisting the FBI with combating mortgage fraud, and is proud of the efforts of its thousands of employees in preventing these crimes.