Latest Features

The Rise of ‘Settled Expectations’ In USPTO Review and the Fallout for Patent Owners and Challengers
The landscape for discretionary denials at PTAB is evolving quickly; both patent challengers and owners must adapt their strategies to ensure they are not left behind by the USPTO’s new approach.

Parameters of Legal Relationship Between Co-Lenders for Film Production
An “agreement between lenders” (ABL) to help co-fund a film production is a common vehicle for sharing financial risk. But what happens when a legal dispute arises between a film-production senior lender who has provided a larger loan amount than a junior lender who has loaned less?

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable
In 2020, the Supreme Court ruled that a bankruptcy court’s decision to lift the automatic stay of pending litigation imposed by the Bankruptcy Code is a final, appealable order. But what if a bankruptcy court lifts the stay and later reimposes it? Is the latter order also immediately appealable, or is it considered interlocutory?

How Lawyers Can Deliver More Value and Reduce Risk In Transactional Work
Firms that enable lawyers to practice at the top of their license by embracing smarter workflows and AI-driven systems that enhance human judgment aren’t just more efficient; they’re setting a new standard for excellence, reducing risk for clients, and elevating the role of the lawyer.
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- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- A Roadmap for Implementing Information Governance In Law FirmsIn today's digital age, the volume of data generated and managed by law firms has skyrocketed, presenting both opportunities and challenges. Unfortunately, in parallel with this exponential growth in data, and partially as a direct result of it, law firms have also experienced a significant increase in targeted cyberattacks.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›