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Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
A recent California case is a good indication of how important a role a forum selection clause will play after the U.S. Supreme Court's recent decision in Atlantic Marine Const. Co. Inc. v. U.S. Dist. Court for W. Dist. Of Texas, 134 S.Ct. 568 (2013). Atlantic Marine made clear that while a motion to dismiss or transfer venue based on a forum selection clause could not be made on the grounds of improper venue under 28 U.S.C. '1406, the forum selection clause should be given controlling weight in all but the most exceptional cases under a forum non-conveniens analysis under 28 U.S.C. '1404. However, this assumes a valid forum selection clause.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.