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No Matter Who Wins the Presidential Election, Changes In Corporate Regulation Await
With all eyes focused on the politics and inside-the-beltway drama surrounding the next presidential election — and it can hardly be said that this election season has so far lacked drama — the candidates' fundamental policy differences that could impact business are being overlooked. While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state.
This applies even more so to those who advise corporations and allied institutions on the political and legal landscape impacting their industry. "After all, the chief business of the American people is business." Calvin Coolidge, The Press Under a Free Government, Address to the American Society of Newspaper Editors, (January 17, 1925).
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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
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CLE Shouldn't Be the Only Mandatory Training for Attorneys
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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.