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Strengthening the Patent System
America's patent system is at a crossroads. There are many critics of the patent system; some have become increasingly vocal. Some claim the patent system is outdated. Others label it as a “threat to innovation.” As fodder for their arguments, critics often tout examples of one or more patents that, in the words of one academic, are “not new, are obvious, are laughably insipid or sometimes all of the above” (“Patent Prescription: A radical cure for the ailing U.S. patent system,” A. Jaffe and J. Lerner, IEEE Spectrum Online, Dec. 10, 2004).
While one can argue the merits of the particular patents in question, most agree that U.S. economic productivity and competitiveness are based on our ability to innovate. Innovation, however, can only be possible if there is a rigorous intellectual property regime that protects inventors. A sound patent system is a critical part of that regime.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.