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The U.S. District Court in NJ Enhances Its Stature As a Venue for Patent Litigation
The U.S. District Court in New Jersey has enacted its new Local Patent Rules (L.Civ.R. 9.3, eff. Jan. 1, 2009). These new comprehensive and self-executing rules have encouraged numerous articles and “blawgs” recommending that litigants keep an eye on New Jersey to see whether these procedures shorten the delays associated with litigation of patent cases, thereby making New Jersey the next favored jurisdiction or IP “rocket docket.” See, e.g., “Will NJ Be the Next 'Rocket Docket?” A. Johnson, Law360, March 11, 2009, http://ip.law360.com/print_article/86081; “Texas IP Rocket Docket Headed for a Burnout?” T. Baldas, The National Law Journal, Dec. 28, 2004. They speculate that New Jersey might even take the honor once held by the Eastern District of Virginia and now held by the Eastern District of Texas. The early numbers do not suggest that patent infringement complaints are piling up in New Jersey's federal vicinages in Camden, Trenton, and Newark. Nevertheless, there are good reasons to go to the Garden State with patent litigation.
The Local Rules
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.
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.
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.