Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Admissibility of Settlement Communications in Patent Infringement Rule 11 Proceedings
Plaintiffs bringing patent infringement cases should ensure that they have made an adequate pre-filing inquiry as to the viability of their claims before initiating litigation. Without such an investigation, plaintiffs and their attorneys risk sanctions under Rule 11 of the Federal Rules of Civil Procedure. In the sanctions context, Rule 408 of the Federal Rules of Evidence does not protect settlement communications from admissibility. Statements made for settlement purposes may be admitted to determine whether a plaintiff conducted an adequate pre-litigation inquiry under Rule 11 into the viability of its claims.
What Does Rule 11 Require in a Patent Infringement Pre-filing Inquiry?
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.