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Intellectual Property Audits: An Eye-P Opening Experience
Every company, from those that sell shoelaces to those that sell software for telecommunications systems, own or utilize intellectual property for their business. Every company has an identity, ie, a trade name or trademark, relies on computer systems and software and utilizes marketing, sales and/or promotional materials. Many operate a Web site and develop or sell technology-based products. These and other aspects of a company's business implicate areas of IP ' including trademarks and service marks, copyrights, patents, domain names, trade secrets, privacy issues ' and involve risks relating to the protection of such IP, use of the company's IP and operation of the company's business.
In the business world, risks are commonplace and an inherent part of doing business. The goal of any business, however, is to minimize the risks that it faces ' in the most efficient manner, using the minimum amount of resources. One of the keys to running an efficient and effective business is knowing how to manage risks in the context of the overall business strategy. In the IP arena, risks management is also possible, and it begins with the IP Audit.
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.