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One Size Fits All?
Today, a Procrustean 'one-size-fits-all' approach increasingly characterizes federal appellate practice, particularly for attorneys who handle complex conspiracy or white-collar cases. While page limits for appellate briefs date back to at least the 1940s, within the past 20 years they have been applied with a new and sometimes surprising inflexibility. No matter how long the trial, how complicated its facts, or how numerous the appellate issues may be, the day has passed when counsel can assume that requests to file a brief in excess of the standard word limits will be granted.
The Rapid Expansion of Appellate Caseloads
This development reflects the explosion in appellate caseloads since the early 1980s. In the Fourth Circuit (the court with which I am most familiar), the number of appeals jumped from 2200 in 1980 to 5000 in 2005 'a 140% increase. Other circuits have experienced even greater increases. But most circuit courts have received only a handful of new judges to cope with their swelling workloads, and political disputes have sometimes resulted in judgeships remaining unfilled for years.
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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.