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.
- July 01, 2017Robert G. Brody and Alexander Friedman
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the Helsinn ruling offers clues to practitioners seeking to avoid the on-sale bar.
July 01, 2017Pinar BaileyThe 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.
July 01, 2017Mark HamblettMichelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
June 07, 2017Scott GrahamCybercrime 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.
June 02, 2017Brian Neil Hoffman, Romaine Marshall and Matt SorensenOne 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.
June 02, 2017Robert B. Milligan and D. Joshua SalinasWhen 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.
May 02, 2017Louis DePaul and Allison EbeckThe 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.
May 02, 2017C. Ryan BarberIs a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reached differing conclusions.
May 02, 2017Joseph M. McLaughlin and Yafit CohnThe FCC's move to stop Internet service providers from collecting customers' personal information without consent has itself been halted. The Senate voted 50-48 on March 24 to overturn the rules, with the House expected to follow suit.
April 02, 2017Lora Hollien









