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Hakim v. Cannon Avent Group: What's the Spillover?
Your client Su Co., a manufacturer of non-spill sippie cups, calls you with a problem regarding a patent application for which you recently secured allowance on its behalf. The Patent and Trademark Office had approved the application after you amended the original claims to describe that two specific parts are joined together and argued that some very close prior art lacked that feature. With that patent in hand, your client had eagerly looked forward to shutting down various competitors who were, in your client's view, infringing its rights.
Su Co. now informs you that the allowed claims would not literally cover a competitor's knock-off cup that associates the parts, but does not physically join them together. 'Not to worry,' you tell Su Co, 'we can file a continuation application with slightly broader claims that avoid the prior art while still covering the competitor's product.'
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.
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.