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The Impact of Kyocera v. ITC
A recent decision by the U.S. Court of Appeals for the Federal Circuit has severely curtailed the power of the U.S. International Trade Commission (“ITC”) to exclude from importation into the United States products made by companies that were not a party to the proceedings. On Oct. 14, 2008, the Federal Circuit issued its decision in Kyocera Wireless Corporation v. International Trade Commission, overruling a long line of decisions in which the ITC gave itself the authority to exclude not only components that infringe a U.S. patent but also so-called “downstream products” that include such components ' even if the manufacturer of the downstream product was not named as a defendant (called a “respondent” in the ITC).
This important Federal Circuit decision will hold significant implications for patent holders who initiate ITC proceedings seeking to exclude downstream products. In fact, patent holders have already started to alter their litigation strategy in reaction to Kyocera.
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.