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Is Your Intellectual Property Portfolio Primed and Ready For A Financing Event?
A corporate lawyer must address a myriad of issues when called on to assist in a merger, acquisition or corporate financing transaction. If the company being acquired or financed has intellectual property assets, the first order of business should be to enlist the aid of IP counsel.
Although it is likely in transactions of this type that corporate counsel will experience some degree of sleep deficit, hopefully there will be fewer sleepless nights if an IP attorney is part of the due diligence team. Certain IP-related issues are readily dealt with by experienced corporate counsel. Frequently, however, corporate counsel lacks the time, specific IP legal expertise, or technology-specific knowledge required to identify and resolve issues involving intellectual property assets ' issues that may significantly affect the valuation of the company involved in the corporate transaction.
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.