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Downstream Liability in Trade Secret Litigation After Silvaco
Last year, for the first time, the issue of downstream liability surfaced in the law of trade secret misappropriation. In 2010, a California appellate court held that a software licensee did not know or acquire the secret source code the manufacturer used to make the product and, as a matter of law, it could not be liable for trade secret misappropriation. See Silvaco Data Sys. v. Intel Corp., 184 Cal. App. 4th 210, 216 (Cal. Ct. App. 2010).
Silvaco Data Systems (“Silvaco”) sued several chip makers, including Intel Corp. (“Intel”), which licensed SmartSpice, a chip-testing software developed by Circuit Semantics, Inc. (“CSI”), after CSI allegedly misappropriated the source code of the software from Silvaco and after Silvaco won an injunction barring CSI from using the disputed source code.
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.