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IP NEWS
USTR Identifies Problem Intellectual Property Protection Countries
On May 1, 2003, the Office of the United States Trade Representative (USTR) announced the results of the 2003 Special 301 annual review. The 301 review lists countries that the USTR determined did not provide effective intellectual property protection or that denied equitable market participation to the United States. This year the list includes approximately 74 countries that are categorized as Priority Foreign Countries ' where intellectual property protection is most onerous and severely adverse to U.S. interests ' and as Priority Watch List or Watch List ' where intellectual property protection issues are respectively less egregious. This year, the USTR paid special attention to the issue of counterfeiting and piracy, with a particular emphasis on the unauthorized copying of 'optical media' including CDs, DVDs and CD-ROMs. The USTR also focused on other important issues including Internet piracy, health-related intellectual property issues, and the implementation of Trade-Related Aspects of International Property Rights (TRIPS Agreement).
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
Bankruptcy Sales: Finding a Diamond In the Rough
There 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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.