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Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
Patent litigation hotbeds like the Eastern District of Texas have sprung up, and continued to thrive, in part due to the statutes governing venue in patent cases. For more than 25 years, courts have broadly interpreted the venue statutes in a manner that allows patent holders to file infringement lawsuits in what are perceived to be patent-friendly jurisdictions. This long-standing practice recently came under attack in the form of a mandamus petition to the Court of Appeals for the Federal Circuit in In re: TC Heartland. Although the Federal Circuit denied the petition, this issue is likely far from over. See, In re: TC Heartland LLC, 2016-105 (April 28, 2016).
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 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.
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.
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.
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.