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Can You Keep A Secret?
When a number of blogs posted secret details and drawings of Apple Computer's new music technology — code-named Asteroid — Apple's lawyers did what lawyers do: They sued the Web sites to find out the posters' identities and sources.
Early this year, a judge in Santa Clara, CA, allowed Apple to enforce the subpoenas, rejecting the bloggers' claims that as “journalists” they were entitled to legal protection for their sources. Judge James Kleinberg ruled that the details of the Asteroid project, as purloined trade secrets, were stolen property. Even though the trade secrets were widely available online, the bloggers were trafficking in stolen goods, Judge Kleinberg ruled, and they were not entitled to legal protection for their sources. The case looked like a victory for Apple, but by the time the decision came down, the company had already lost the war. Its trade secrets were no longer secrets.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.