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Forum Selection Clauses
A few years ago, one of our firm's clients was sued for patent infringement ' along with virtually every other company in the same industry. The plaintiff-patentee filed suit in U.S. District Court in Dallas. One of the other defendants, a Wisconsin corporation, was a licensee of our client under a patent and technology license. Since the products accused in the Texas lawsuit were licensed products, the Wisconsin licensee pressed our client for indemnification, and threatened to bring a cross-claim in the Texas lawsuit.
The initial reaction of our client's corporate counsel was: “They can't do that. We have a forum selection clause in our license agreement. If they want to bring a claim, they have to do it in federal court in Michigan.”
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.
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.
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.