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Congressionally Mandated Research

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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.
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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 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.

Available Online Only

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) introduced a broad array of regulatory reforms in the financial sector. Among those reforms is Title II of the Act, which provides a process for the identification and orderly liquidation of distressed, systemically important financial institutions. Title II also directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of distressed financial institutions under Title 11 of the United States Code (the Bankruptcy Code). The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (“First Report”). The AOUSC now submits this second report in compliance with section 202(e)’s instruction that it summarize the results of its study in a report “[n]ot later than 1 year after the date of enactment of th[e] Act [and] in each successive year until the third year.” This report to Congress was prepared with the assistance of the Federal Judicial Center.

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The economic turmoil that affected the global economy and markets beginning in late 2007 is well documented. This report does not seek to restate those events or evaluate the potential causes of the resulting recession. Rather, this report is forward-looking and considers the existing statutory schemes for resolving any future distress at bank holding companies and nonbank financial institutions. Specifically, it analyzes Title 11 of the United States Code (the “Bankruptcy Code”; a list of capitalized defined terms used herein is set forth at Appendix A) and Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”). The Administrative Office of the United States Courts (“AOUSC”) submits this report pursuant to section 202(e) of the Act. This report to Congress was prepared with the assistance of the Federal Judicial Center.

In Print: Available for Distribution

This manual provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with early case screening and concluding with steps for streamlining trials and final disposition. It also discusses a number of special topics, including pro se and high visibility cases, the role of staff, and automated programs that supports case management. This new edition incorporates statutory and rules changes and contains updated advice on electronic case management, electronic discovery, and ways of containing costs and expediting cases. The manual, which was produced and is being updated pursuant to a requirement set forth in the Civil Justice Reform Act of 1990, is based on the experiences of federal district and magistrate judges and reflects techniques they have developed. It was prepared under the direction of the Judicial Conference Committee on Court Administration and Case Management, with substantial contributions from the Administrative Office of the U.S. Courts and the Federal Judicial Center, and was approved by the Judicial Conference in March 2010. This new edition supersedes the first edition (2001) and the Manual for Litigation Management and Cost and Delay Reduction (1992).

Note: Appendices A and C of the manual including sample procedures and guidelines, orders, and other materials are only available on line and are not included in the printed manual.

Appendix A: Sample Forms 1-53 (see below)

Appendix B: Guidelines for Ensuring Fair and Effective Court-Annexed ADR, Court Administration and Case Management Committee (see Manual, p. 173)

Appendix C: Sample CM/ECF Reports (see below)

Appendix D: Bibliography (see Manual, p. 189)

Appendix E: Table of Statutes and Acts (see Manual, p. 199)

Appendix F: Table of Rules (see Manual, p. 201)

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This brief report was prepared at the request of the Subcommittee on Courts, the Internet, and Intellectual Property of the House Judiciary Committee. Researchers found that in reviewing complaints of judicial misconduct or disability filed pursuant to statute, chief judges of all but one of the circuits have usually applied Judicial Conference standards that call for a restatement of allegations in the complaint and a reasoned response to such allegations. Researchers also found that 80% of the chief judge dismissal orders cited as a reason for dismissal the close relationship between a complainant's allegations and the merits of a decision by the judge who was the subject of the complaint.

In Print: Available for Distribution

This manual provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with case filing and concluding with steps for streamlining trials and discusses a number of special topics, including pro se and high visibility cases, the role of staff, and automation that supports case management. The manual, which was produced in response to the Civil Justice Reform Act of 1990, is based on the experiences of federal district and magistrate judges and reflects techniques they have developed. It was prepared under the direction of the Judicial Conference Committee on Court Administration and Case Management, with substantial contributions from the Administrative Office of the U.S. Courts and the Federal Judicial Center, and was approved by the Judicial Conference in March 2001.

Other editions:

Civil Litigation Management Manual, Second Edition (2010)

Manual for Litigation Management and Cost and Delay Reduction [Superseded] (1992)

In Print: Available for Distribution

A description of the study the Center undertook at the committee's request to examine the congressionally mandated pilot fee-waiver program in six districts. Under the program, which ran from Oct.1, 1994, through Sept.30, 1997, the $175 filing fee was waived for Chapter 7 debtors unable to pay.

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