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Contracting Away a Controversy: Nike v. Already LLC
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in the case of Already LLC v. Nike, Inc. The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
The facts of the case involve the not-uncommon situation of a large trademark owner (in this case, Nike) suing a much smaller rival (in this case, Already LLC) for trademark infringement based on allegedly tenuous trademark rights. Once Already indicated that it was willing to challenge not just the alleged infringement but also Nike's rights in the mark, Nike attempted to remove the court's ability to hear the case by executing a covenant not to sue. The question for the Supreme Court is whether Nike's covenant removed the court's jurisdiction by eliminating any actual controversy between the parties.
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.
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.