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Pre-Trial Detention and White-Collar Defendants
The Eighth Amendment commands that “excessive bail shall not be required.” Despite this prohibition, there is no guarantee that those accused of federal crimes will remain at liberty while awaiting their day in court. This article reviews pretrial bail decisions in two recent federal prosecutions: United States v. Bernard Madoff and United States v. Marc Dreier. These cases arose during the recent financial meltdown and provide a very recent window into how courts assess the right to bail in cases where the defendant allegedly has inflicted massive economic harm on the public.
The Bail Reform Act
The constitutional prohibition against excessive bail is implemented through The Bail Reform Act of 1984, which provides the statutory framework for pretrial release decisions in federal courts. The statute sets forth a presumption favoring release prior to trial for most federal defendants. However, a court may still order pretrial detention of the defendant in certain specified situations. Two have particular relevance in white-collar cases. The government may seek a detention hearing in a case that involves a serious risk that the defendant will: 1) flee prior to trial; or 2) obstruct justice. If either of these two conditions is met, the court must then determine “whether any condition or combination of conditions of release will protect the safety of the community and reasonably assure the defendant's appearance at trial.”
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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.