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Tafas v. Doll: Where Is the USPTO Headed?
In what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office (“USPTO”) in 2007. Although the ultimate consequences of the Federal Circuit's decision are not yet certain (because of the possibility of an en banc rehearing, appeal, or favorable decision from the district court on the various issues that were remanded to it), this Federal Circuit decision should raise the concern of patent applicants and anyone prosecuting patent applications before the USPTO.
The rule changes that were the subject of this Federal Circuit decision are part of what has appeared to be a systematic attempt by the USPTO to “reform” the patent system by using its unilateral “procedural” rule-making authority. At the very least, the Federal Circuit decision will provide the USPTO with ammunition, if it chooses to use it, to try to impose its controversial plans on patent practitioners and applicants alike.
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.