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How Blakely Affects Sentencing in Tax Cases
Ever since the Supreme Court rendered its landmark decision in the case of Blakely v. Washington, lawyers and judges have been cast in the role of prognosticators, trying to predict how the courts — most importantly the Supreme Court itself — will apply Blakely to the Federal Sentencing Guidelines. We will soon know the answer, as the Supreme Court has agreed to hear arguments on Oct. 4, 2004, after expedited briefing. Until then, however, lawyers must prognosticate — at the risk of guessing wrong.
Blakely and Its Aftermath
For those not completely aware of what the Blakely fuss is all about, here is a brief re-cap. The Court held that a Washington State sentencing scheme which established statutory sentencing ranges ran afoul of the Sixth Amendment's guaranteed right to jury trial because it permitted the imposition of sentences in excess of the statutory range based on factual findings made by a judge rather than a jury. The Court stated in an unadorned footnote that the decision did not address the constitutionality of the Federal Sentencing Guidelines.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
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.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
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.