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Will Presumptive Injunctions Against Infringers Be Relics of the Past?
In American law, courts exercise their awesome powers through injunctions. Courts have used injunctions to implement decisions addressing many of the most divisive social issues of the day: from integrating public schools to even arguably affecting presidential elections. E.g., Bush v. Gore, 531 U.S. 98 (2000) (enjoining Florida ballot recount); Brown v. Board of Education, 349 U.S. 294 (1955) (directing district courts to supervise “transition to a system of public education freed of racial discrimination”). See New York Times Co. v. United States, 403 U.S. 713 (1971) (refusing to grant injunction to prevent publication of “Pentagon Papers”).
An injunction, essentially, is a court order commanding someone to do some action, or prohibiting someone from doing some action. Injunctions thus present an “equitable” alternative to the conventional “legal” remedy of awarding monetary damages that is both flexible and potent. Thus, injunctions have been described as the “quintessential” remedy of a court of equity.
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.