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While every business keeps its portfolio of assets, not every business manages its most crucial assets: intellect and knowledge. Indeed, these assets may not easily be measured on a balance sheet, but they are the fundamental resources that maintain a competitive edge in any industry. Certainly, much of these assets goes undocumented and ends up lost, or not even captured. Intellectual property assets created by employees are frequently unnoticed, disregarded, or forgotten. Operating knowledge, without which intellectual property would be valueless, is routinely lost through retirement or attrition. Organizational “know-how” and intellectual creations that increase a company's efficiency must be paramount considerations in the growth and development models of a business. Fortunately for corporate leaders, employee-produced intellectual property, and employee-retained knowledge assets, can be captured and protected from the inception of business.
Distinguish Intellectual Property Assets from Knowledge Assets
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 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.
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.