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After the Guilty Plea
The onslaught of guilty pleas in post-Enron financial fraud cases has created new challenges for defense attorneys in the parallel civil litigation that inevitably accompanies criminal charges. Attorneys for the civil plaintiffs are quick to strike as soon as the guilty pleas are disclosed, demanding that the pleading defendant provide the documents and testimony previously denied to them by the invocation of the Fifth Amendment, and seeking to collect a prompt judgment.
While numerous articles have analyzed strategy in parallel civil proceedings where defendants have not yet been criminally convicted, or even indicted, the civil defense of the cooperating guilty pleader has been less examined. The operating assumptions are that the pleading individual either forfeits or waives Fifth Amendment rights and therefore faces immediate discovery, and that the defendant is collaterally estopped from contesting liability. This article explores these assumptions.
Survival of the Fifth Amendment Privilege
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Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.