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Features
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.
Features
A procrastinator's guide to overcoming technical challenges in GDPR compliance.
Features
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.
Columns & Departments
The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 a the Second Circuit. Here's a look at the case.
Features
Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
Features
Cybercrime poses an ever-increasing threat to consumers of financial products and services. In 2016, the then- SEC Chair said that cybercrime ranks as “one of the greatest risks facing the financial services industry.” Federal law thus requires financial services firms to implement procedures designed to protect their customers' data. Now individual states are increasingly getting into the game.
Features
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
Features
When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.
Features
The consumer agency has taken the view that advertisement — without proper disclosures — can mislead consumers. The agency has previously put the burden of ensuring proper disclosure on the brands. On April 19, the FTC turned its attention downstream to the "influencers" themselves.