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Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks
Much has been written over the past 20-plus years, in court decisions and scholarly articles, about the omission of “trademarks” from the Bankruptcy Code's definition of “intellectual property.” As a result of this omission, trademark licensees have not received the benefit of the Bankruptcy Code's ' 365(n), which protects intellectual property licensees when their licensors file for bankruptcy. However, a recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.
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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.