McDermott International Legal Highlights April 2017


DOJ Policy Updates Signal Continuity of Antitrust Program

The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters” (FAQs). This guidance was originally released in November 2008. The FAQs contain 34 questions and answers that include: applying for leniency; the criteria for receiving leniency under the Corporate Leniency Policy and the Leniency Policy for Individuals; conditional and final unconditional leniency letters; potential revocation of conditional leniency; and confidentiality for applicants.

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President Trump's Financial System Executive Order and What It Means for Dodd-Frank Compliance

Andrea S. Kramer

On February 3, 2017, President Trump issued an executive order setting out “Core Principles for Regulating the United States Financial System” and requiring review of existing regulations to determine whether they conform to those core principles.

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Overview of the Proposed Reforms of the EU Merger Control Regime

In the past couple of years, the European Commission has decided to review and evaluate the functioning of different aspects of the EU merger control regime regulated by EU Regulation No. 139/2004 of January 20, 2004 on the control of concentrations between undertakings (the EU Merger Regulation), its implementing regulation and related notices and guidelines.

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Multiple Actors May Perform Steps in Method Claims for Purposes of Inducement

Mandy H. Kim

Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of induced infringement even though no single actor performed all steps of the asserted claims in a method patent. Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., Case No. 15-2067 (Fed. Cir., Jan. 12, 2017) (Prost, C.J.).

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