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It's 12 O'Clock: Do You Know Where Your Data Are? IP Protections for Databases
An economist once said that the reason talk is so cheap is because the supply generally exceeds demand. Not so with information. No matter how much is produced, people always seem to want more. And more information means more databases, and the amount of work involved in compiling and organizing information into databases can be staggering. Yet, in many cases, anyone can copy the stored data and essentially replicate all or a portion of the database at a mere fraction of the cost of creating the database in the first place. Some have argued that this freedom to copy acts as a disincentive for anyone to organize information into databases. After all, if the creator can't expect to reap a fair economic reward for the effort expended, why bother?
Patchwork U.S. Protection Scheme
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.