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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
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.
3 Steps to Ensuring Your AI Initiative Does Not Fail
July 01, 2017
The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.
Dispelling the Myths of Litigation Funding
July 01, 2017
Litigation finance, or the practice of providing capital using legal claims as the underlying asset, is a growing industry. Its use by law firms alone grew four-fold between 2013 and 2016. To optimize its use, the legal and corporate industries should first collect the facts.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
Drake Wins on Sampling Fair Use; Plaintiffs' Song Ownership Muddy
July 01, 2017
While copyright registration normally constitutes prima facie evidence of copyright ownership, the court noted that the estate had registered the song copyright 31 years after it was originally published and only in response to the defendants' sampling of the song on Drake's album.
GDPR Gets Real
July 01, 2017
A procrastinator's guide to overcoming technical challenges in GDPR compliance.
Ninth Circuit Finds That 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure Of Underlying Property
July 01, 2017
The Ninth Circuit recently announced in <I>Mastan v. Salamon (In re Salamon</I>) that a secured creditor with a nonrecourse mortgage cannot assert a claim for any deficiency if the underlying property is foreclosed on during the bankruptcy case. Here's an analysis of the decision.
Equipment Lessors and Bankruptcy
July 01, 2017
Much has been written about the risk that a transaction denominated and documented as an equipment "lease" may be recharacterized a security interest. Equipment lessors seem to understand. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization. So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?
Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision
July 01, 2017
The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
Do Your Employment Practices Violate Antitrust Law?
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

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