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The Perils of Immunity in the Era of Globalization
Twenty years ago, a defense attorney might have sighed with relief to hear an Assistant U.S. Attorney (AUSA) say that a client was only a “witness,” or would not be prosecuted, or would be immunized in return for truthful cooperation in the government's investigation. These days, not so fast. In our digitized-globalized era, assurances from one jurisdiction may not insulate a client from prosecution across the country or even around the globe.
Examples abound of the ever-increasing collaboration between state, federal and foreign law enforcement authorities: parallel Foreign Corrupt Practices Act and bribery investigations here and abroad; U.S. prosecution of foreign nationals like Canadian media magnate Conrad Black for “honest services fraud” or of three British bankers in connection with the Enron meltdown; and the intensified investigations of U.S. businesses by European antitrust authorities, just to name a few. Protecting one's client has become a multi-dimensional chess game. Accordingly, if your client has leverage to bargain with prosecutors, take care to negotiate protection that matches the jurisdictional risk profile of the suspect conduct.
Multiple Sovereigns, Multiple Exposures
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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.