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IP News
Federal Circuit Upholds Diverting USPTO Fees to Government Programs
In Figueroa v. United States, No. 05-5144, 2006 WL 2879028 (Fed. Cir. Oct. 11, 2006), the U.S. Court of Appeals for the Federal Circuit upheld a decision of the U.S. Court of Federal Claims that a patent fee statute which generates revenue to fund federal programs other than the U.S. Patent & Trademark Office does not violate the U.S. Constitution. Michael Figueroa, an inventor, sued in August 2001 for a refund of fees that he contended was charged unlawfully. Specifically, he argued that excess fees violated article 1, section 8, clause 8 (the 'Patent Clause') and article 1, section 9, clause 4 (the 'Direct Tax Clause').
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.
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.