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Practicing Before the Court of Federal Claims
As the single largest user of cutting-edge technology in the world, the United States, with its powers of eminent domain, is one of the world's largest infringing entities. While the U.S. government frequently uses patented technology without first obtaining a license, many patent owners are reluctant to bring suit against the government for infringement. One apparent reason for this recalcitrance is that many patent owners are unfamiliar with the court in which such actions must be brought: the Court of Federal Claims. Because bringing suit for patent infringement in the Court of Federal Claims differs from practicing in federal district court, there are several factors of which patent owners should be aware in order to successfully prosecute claims in this court.
Before You File: Jurisdiction and Standing
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.