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Changes in the business environment for law, and IP law in particular, have prompted many IP-based practitioners and executives to seek opportunities that leverage their deep understanding of IP, the process of innovation, and the value of intangible assets. It is therefore both fitting and proper that Patent Strategy & Management feature an article that addresses this search.
This is why IP creates enterprise value through two operational pathways. The first pathway, well known to most IP practitioners, comprises products and services for which IP protections enable monetization at above-commodity rents. The second pathway, perhaps less well known or appreciated, is through reputation.
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.
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."