The article proposed refinements to the U.S. Sarbanes-Oxley Act of 2002 to strengthen the effectiveness and fairness of the investigations of the financial statements and the MD&A (management discussion and analysis), while minimizing costs. Specifically, legislation is advocated to improve...

This Article examines a series of memoranda adopted by the United States Department of Justice during the period 1999 to 2007 that addressed cooperation by corporations under investigation. The Article focuses on waivers of the attorney-client privilege and attorney work product doctrine that...

In this essay, five business law professors with specialties in five different doctrinal areas analyze Justice Sonia Sotomayor’s jurisprudence in those areas and consider the implications of her appointment to the Supreme Court. Each of the areas, intellectual property, antitrust, securities,...

This article critiques the Federal Circuit’s en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. on the issue of inequitable conduct in light of its origins in equity and unclean hands. It finds that the Therasense majority renounced the doctrine's heritage and reinvented the...

A trademark's or trade dress' commercial impression is the meaning or idea it conveys to consumers. Courts and administrative tribunals sometimes are confronted with deciding whether a mark or dress generates a continuing commercial impression. In some instances, this arises in regard to...

This Article examines the dramatic constriction of the inequitable conduct defense to patent infringement accomplished in 2011 by the issuance of the Federal Circuit's decision in Therasense, Inc. v. Becton, Dickinson & Co. and the enactment of the America Invents Act (AIA). The Article argues...