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TS Tech's Impact on Transfer Decisions
In response to a writ of mandamus, on Dec. 29, 2008, the Federal Circuit in TS Tech ordered transfer of a patent litigation case out of the Eastern District of Texas. In re TS Tech, 555 F.3d 1315 (Fed. Cir. 2008). Two months before the TS Tech decision issued, the Fifth Circuit issued an en banc transfer decision in response to a writ of mandamus. In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (en banc). In Volkswagen, the Fifth Circuit ordered that a product liability case be transferred out of the Eastern District of Texas. TS Tech and, to a lesser extent, Volkswagen have impacted patent litigation transfer decisions in 2009.
In TS Tech, the plaintiff patent owner filed suit in the Eastern District of Texas. The defendant filed a ' 1404 motion to transfer venue to the Southern District of Ohio. The district court denied the motion, and TS Tech petitioned for a writ of mandamus.
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.