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Intellectual Asset Literacy: Implementing IP Education Programs
Patent practitioners need to do better in sharing their expertise with senior executives, managers, and other personnel. Business leaders, economists, and the general public are increasingly aware of intellectual assets and their value. However, few people actually possess intellectual asset literacy, let alone a deeper appreciation of the principles, strategies, and challenges surrounding patents and other IP. There is a need for high-quality IP education initiatives within organizations of all sizes.
Most patent attorneys have had call to deliver an Intellectual Property 101 presentation. The presenter distinguishes between patents, trade secrets, trademarks, and copyrights; discusses novelty, subject matter, and patent bars; and maybe throws in a bit about patent procedure or international filing. Some patent and licensing cheerleading and cautionary tales about product clearance and litigation are also common ingredients. The presentation is usually delivered to product developers with the hope that it will inspire them to submit more invention disclosures, increase the IP department's visibility, and maybe discourage them from common errors (inadvertent triggering of patent bars, failing to consider the IP provisions of contracts, knowingly infringing a competitor's patent, etc.). Unfortunately, IP 101 is insufficient to convey the skills and awareness necessary for success in an innovation-driven economy.
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.