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Regulation

  • We are in a frenzied time for merger and acquisition (M&A) activities for companies in the entertainment and communications industries. These are intricate endeavors, often involving fast-paced negotiations, complex due diligence and the navigation of multiple regulatory frameworks. Among these, compliance with FCC regulations represents a significant and frequently underestimated challenge in deals involving companies with FCC authorizations.

    October 31, 2025Barry Skidelsky
  • The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.

    October 31, 2025Manny Caixeiro
  • The best advice for SEC trend watchers might be summarized using the golf interjection, “fore!” The developments are happening so rapidly, one of the best things to do is to be aware that these shifts are incoming and stay alert to the changes.

    September 30, 2025Courtney Quirós and Carissa Lavin
  • The financial and human cost on individuals of arguable “overcriminalization” is enormous, and defense counsel certainly wonder whether that damage can be justified in light of the ultimate legal outcomes of the white-collar dramas we witness.

    September 30, 2025Elkan Abramowitz and Jonathan Sack
  • Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.

    July 31, 2025Lea Speed and Dominic Rota
  • Key Risks for Government Contractors, Tech Companies and Healthcare EntitiesThe DOJ recently unveiled a series of policy updates that shifted the white-collar enforcement landscape. These updates — an emphasis on the False Claims Act, a shift away from the Foreign Corrupt Practices Act, and increased incentives for self-disclosure and whistleblowers — are poised to reshape how companies approach compliance.

    July 31, 2025Randy Grossman and Kareem Salem and Sareen Armani
  • The focus of this article is on the spectrum of white collar cases in which the lawyer believes there is a credible chance of winning based not only on an assessment of weaknesses in the government’s case but also of other factors such as loss of the opportunity to favorably litigate outcome-determinative evidentiary issues. Too often in these situations defense lawyers recommend a guilty plea in the mistaken belief that conviction at trial will result in a significant trial penalty far greater than a plea bargain sentence. By reviewing empirical sentencing data we hope to dispel this widely held, but ultimately mistaken view.

    July 31, 2025Frederick P. Hafetz and Mark Allenbaugh