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Congressionally Mandated Research

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In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first four reports pursuant to 12 U.S.C. § 5382(e) on July 21, 2011 (First Report), July 17, 2012 (Second Report), July 19, 2013 (Third Report), and July 9, 2015 (Fourth Report). The AOUSC submits this report in compliance with the directive of section 5382(e). Beginning in July 2015, the AOUSC is required to submit reports every five years. This report to Congress was prepared with the assistance of the Federal Judicial Center.

 

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Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

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Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

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Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

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The Defend Trade Secrets Act of 2016 (DTSA), Pub. L. No. 114-153, became law on May 11, 2016. It amends 18 U.S.C. § 1836 to create a private right of action for the misappropriation of trade secrets “for which any act occurs on or after the date of the enactment” and where the trade secrets “[are] related to [] product[s] or service[s] used in, or intended for use in, interstate or foreign commerce.”  The DTSA directs that, not later than two years after the date of enactment of the Act, the Federal Judicial Center, "using existing resources, shall develop recommended best practices for (1) the seizure of information and media storing the information; and (2) the securing of the information and media once seized."

These trade secret seizure best practices were developed in response to the DTSA’s mandate and are based on the limited initial experience in the federal courts with 18 U.S.C. § 1836(b)(2). They are being circulated prior to the due date of May 11, 2018, so that courts can benefit from having early guidance on the subject matter. The Center will update these best practices as needed.

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The Patent Pilot Program (PPP), a ten-year pilot program addressing the assignment of patent cases in certain U.S. district courts, was established on January 4, 2011, by Pub. L. No. 111-349. At the request of the Judicial Conference’s Committee on Court Administration and Case Management, the Federal Judicial Center has been studying the PPP since the program's inception. This midpoint report presents key findings from the first five years of the program, gathering data for all patent cases filed on or after the individual PPP start date designated by each of the 13 current pilot courts through January 5, 2016. In that time, just over 12,000 patent cases were filed in the participating pilot districts.

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In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first three annual reports pursuant to 12 U.S.C. § 5382(e) on July 21, 2011 (First Report), July 17, 2012 (Second Report), and July 19, 2013 (Third Report). The AOUSC submits this report in compliance with the directive of section 5382(e). Beginning in July 2015, the AOUSC is required to submit reports every five years. This report to Congress was prepared with the assistance of the Federal Judicial Center.

After an introduction in Part I, the report proceeds as follows:

  • Part II provides an executive summary of the report’s primary research, findings, and analysis.
  • Part III describes the AOUSC’s mandate under section 5382(e) of the Act and briefly summarizes the First, Second, and Third Reports, as well as the scope of this fourth report.
  • Part IV focuses on the key issue explored in this report: the provisions of the U.S. Bankruptcy Code that permit a debtor to sell all or substantially all of its assets in a chapter 7 or chapter 11 bankruptcy case. The report reviews critiques of these provisions, including proposals for reform recommended by the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (ABI Commission), and compares them to similar mechanisms for resolving financial distress through transfers under the Act and certain bills introduced in both houses of Congress in 2014. The latter mechanisms are commonly referred to as “single point of entry” proposals. This section also describes and utilizes certain original empirical data generated by the Federal Judicial Center (FJC) for purposes of the AOUSC reports under the Act.
  • Part V synthesizes the various proposals for rehabilitating or resolving a distressed company through a sale process.
Available Online Only

Status update provided to Patent Pilot Program Subcommittee of the Court Administration and Case Management Committee.

Available Online Only

Status Update provided to Patent Pilot Program Subcommittee of the Court Administration and Case Management Committee.

Available Online Only

In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (First Report), and its second report on July 17, 2012 (Second Report). The AOUSC now submits this third report in compliance with section 202(e). This report to Congress was prepared with the assistance of the Federal Judicial Center.

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