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Intellectual Capital Value at Risk
In previous articles we have imagined a dialogue between Treasury and IP professionals. The IP professionals have done most of the talking so far; from their point of view, this conversational flow makes perfect sense. The world of patents and trademarks is exotic, specialized and counterintuitive, having undergone substantial change in governing law and predominant management technique since 1990. In contrast, one would expect the management of mere cash flows to be a mature discipline. What can Treasury tell us about how to manage IP? “Buy-low and sell high”?
Actually, Treasury has more subtle insights, primarily about volatility and risk. Treasury techniques that became standardized during the last interest rate roller coaster ride could ' and should ' be applied to valuation, especially with respect to sophisticated patent portfolios and the design and application of appropriate risk management techniques.
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.