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Are Case Predictions Part of the Hypothetical Negotiation?
Some time ago, in a nondescript conference room chosen for its convenience, two parties negotiated a license. On one side of the long oak table sat the patentee; on the other, the infringer. “Okay,” said the patentee, “I know everything about the product you want to sell, and you know everything about my patent. We agree that your product infringes and that my patent is valid, so we've agreed on an amount you will pay me to use my patent. But before we go any further, I have one question: Do we agree that if we went to court, I would most certainly win?”
The conference room does not exist, however, and the preceding discussion never took place. In reality, the accused infringer instead sold the product in question without obtaining a license from the patentee, who accordingly brought a claim for patent infringement. The jury declared the patent valid and infringed, and the court is now pondering the amount of damages to award. But it does not have “hard numbers” to work with; the patentee did not present evidence of lost profits or established royalty rates from other license agreements. Forced to develop an alternative method of determining damages, the court thus imagines the meeting described above: the “hypothetical negotiation.”
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.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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.
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.