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Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
On June 24, 2024, the U.S. Supreme Court (SCOTUS) granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” This stems from an Aug. 9, 2023, decision by the United States Court of Appeals for the Fourth Circuit which affirmed a lower court ruling that found Atlanta, Georgia-based Dewberry Group, Inc. (DGI) “pervasively breached [prior agreement] over Dewberry Engineers’ objection,” and awarded attorneys’ fees and equitable profit disgorgement. Dewberry Engineers Inc. v. Dewberry Group, Inc., 77 F.4th 265, 294 (4th Cir. 2023). The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
The Dispute
Dewberry Engineers Inc. (DEI), a Virginia-based real estate developer, owns federal trademark rights to the DEWBERRY mark. On the heels of years of disputes over the “Dewberry” name, DEI brought suit claiming DGI’s rebranding efforts infringed the DEWBERRY mark and breached a confidential settlement agreement previously reached between DEI and DGI, signed in 2007.
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.