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Patent-Licensing Best Practices
Immense changes in patent licensing strategies occurred during the past decade, as investors, boards and shareholders sought to derive increasing values from their patent portfolios. Supreme Court decisions such as Medimmune v. Genentech, 549 US 118, 2007 and the America Invents Act (AIA) Inter Partes Reviews (IPR) were the driving forces behind these changes. Advances in patent analytics and easy access to data now enable the creation of defensible patent valuations. And, emerging patent pooling licensing models offer licensing executives more efficient, transparent, and predictable royalty streams vis-'-vis traditional licensing. Several best practices that can enhance success as well as implementing these models are discussed.
Prepare to Sue
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.
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.