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The Whens and Whys of Asserting Fifth Amendment Privileges
The Fifth Amendment's protection against self-incrimination is one of the foundational rights of the America justice system. It provides that “no person … shall be compelled in any criminal case to be a witness against himself.” It protects witnesses from what Justice Field called the “cruel trilemma of self-accusation, perjury, or contempt.” Brown v. Walker, 161 U.S. 591, 637 (1896) (Field, J., dissenting). In this post-Enron era of corporate prosecutions, it is critical that corporate insiders understand the scope of the Fifth Amendment's protection.
Internal Corporate Events
In today's world of real-time investigations into corporate fraud, the government often seeks documents and testimony related to internal corporate events as they occur. Consider a company that discovers reason to believe its finance department is cooking the books. The company hires outside legal counsel and prepares a press release announcing that the law firm will conduct an internal investigation. Upon leaving the meeting at which the press release was drafted, employees may find waiting in their offices messages from assistant U.S. Attorneys wanting to interview them about the meeting. Shortly after the meeting, the company may be served with a subpoena requesting all drafts of the press release. At this early stage of investigation, it is important that attorneys counsel their clients regarding the potential answers and acts that are covered by the Fifth Amendment.
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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.