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Criminal Prosecution
With the dramatic influx of counterfeit goods in the marketplace, brand name manufacturers now, more than ever, have their work cut out for them as they seek to protect the reputation and value of their trademarks. For example, in February of this year, U.S. Customs and Border Protection seized 1,500 counterfeit Hermes' leather handbags at the Los Angeles/Long Beach seaport that had been shipped from China and would have had an estimated retail value of $14.1 million.
In December 2012, as a part of the third annual Operation Holiday Hoax, federal authorities seized a wide variety of suspected counterfeit merchandise, including sports jerseys, athletic shoes, designer jewelry and leather goods at mail processing and express cargo facilities in Los Angeles and the San Francisco Bay Area, among other locations. Nationally, U.S. Customs and Border Protection reports that the manufacturer's suggested retail price of seized counterfeit goods increased from $1.11 billion in FY 2011 to $1.26 billion in FY 2012.
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.
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.
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.