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Are Experts Required?
One of the first things that a party does when planning a patent litigation or when sued for patent infringement is hire a phalanx of experts. However, what gets lost in the equation is the preliminary questions of “are all of these experts necessary?” and “will their testimony be accepted by the court?”
It is clear that patent litigations are complex. This is shown, for example, by the cost. The last AIPLA survey (from 2003) estimated that the cost of a single patent litigation through the end of discovery with between $1 million and $25 million at risk can often exceed $2 million and easily reach $4 million; the litigation will often run several years. Additional patents, secondary issues and greater financial risk can increase these costs dramatically. Expert fees are frequently the second largest component of the cost of a patent litigation after the fees of the attorneys involved in the case.
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.
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.
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.