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Court Watch
CA Federal Court Seeks to Clarify eBay's Application of the Presumption of
Irreparable Harm
A California federal district court recently declined to apply a presumption of irreparable harm when it granted a franchisor's motion for a preliminary injunction on the franchisor's trademark infringement claim. 7-Eleven, Inc. v. Dhaliwal, No. 12-CV-02276-KJM-GGH, 2012 WL 5880462 (E.D. Cal. Nov. 20, 2012). The district court's conscious decision not to apply the presumption marks a step in the Ninth Circuit in clarifying whether the U.S. Supreme Court's determination in eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 394 (2006), holding courts should not presume irreparable harm in patent infringement cases, applies also to trademark infringement claims. The 7-Eleven decision is important because its interpretation of the applicability of the eBay decision to trademark and copyright infringement actions is, and will continue to be, a recurring issue before courts nationwide.
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.