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IP Litigation: What Is It Good For?
Military strategist Carl von Clausewitz once famously observed in his classic “On War” that: “War is the continuation of politics by other means.” In the same vein, many sophisticated and experienced business lawyers simply view litigation as another form of negotiation to reach a client's strategic goals ' albeit a very expensive one.
In contrast, litigation really is good for absolutely nothing, in the view of most executives who must pay the lawyers. Certainly, no one who “does” deals, or counsels businesses, likes to be hauled into court. Everything involved with litigation is expensive, from the attorneys who must be on call for hours on end awaiting trials and hearings, to the all-consuming preparation involved before each appearance. Moreover, litigation is tremendously disruptive, because it changes a firm's focus. Instead of emphasizing the tasks of getting and keeping new business, litigation diverts attention to second-guessing what has already occurred and planning to avoid liability.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.