Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Technology Potency: Patent Citation Refinements for Merger and Acquisition or Joint Venture Analysis
The real value of a possible acquisition or joint venture partner is often in the potential of their next invention. As advisers, patent managers, and intellectual asset strategists, it is critical that the methodology and tools used for assessing patent quality accurately reflect a would-be ally's technological potency.
Recent studies have drawn positive correlations between the increasing or decreasing quality of a company's patent estate and its stock market value. Lanjouw and Schankerman, Economic Journal, 114 (April), pp. 441-465. Patent quality, in the broadest sense, is most often tied to the frequency a patent is cited by other patents. Hall, Jaffe, and Trajtenberg, Royal Journal of Economics, Jan. 2004. One study correlating market value with forward citations found that patents valued at $1 million received an average of about eight citations, while patents valued at $100 million received an average of about 14. Harhoff, Narin, Scherer, and Vopel, Review of Economics & Statistics, Vol. 81, Issue 3, August 1999, p. 511.
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.