Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Circuit Overturns Summary Judgment Finding of Inequitable Conduct
The Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. Therasense, Inc. v. Becton, Dickinson & Co., 2010 U.S. App. LEXIS 9549 (April 26, 2010). In vacating its earlier panel decision in Therasense, Inc. v. Becton, Dickinson & Co., 593 F.3d 1289 (Fed. Cir. 2010), the rehearing order sets out six issues surrounding the materiality-intent standard at the core of any inequitable-conduct analysis. In the meantime, the current materiality-intent standard continues to result in drastically different outcomes, even among members of the same panel. Such was the result in the Federal Circuit's split panel decision in Leviton Mfg Co. Inc. v. Universal Security Instruments, Inc., 2009-1421 (Fed. Cir. May 28, 2010).
The Leviton Case
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.