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Step One: Identify and Protect IP Assets
This foundational step is the prerequisite for a company incorporating any form of knowledge-based assets into its operations. If a company cannot identify the intangible assets that it relies upon, it will not be able to value them and communicate this value to others. Further, once identified, these assets must be protected either as trade secrets, patents, copyrights, or trademarks. As such, a company should have in place a business unit that can control and direct the flow of intangible assets from separate units. Such a unit should also coordinate and communicate with the financial, marketing, and research arms of the company. This level of integration allows a central structure in the business to adequately compile the needed information about these intangible assets and to then direct an IP branding strategy to add further value to these assets. Having an integrated unit also ensures that a discrete IP strategy is not only identified but also instituted. In identifying a company's IP, such a unit should not only identify the technologies that form the core of products or service lines, but also identify those of the company's competitors. Such due diligence should also include identifying the means by which a company's competitors brand their products, the trademarks that they use, the patents that they possess, and the impression such branding has had on the market.
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 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.
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.
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.
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.