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Expanded Criminal Enforcement in the Financial-Services Industry
Since the economic meltdown began in 2008, the media have waged a relentless attack on the financial industry as the greedy culprit. “So where are all the prosecutions that we were promised?” the white-collar bar has wondered. One answer is that the toxic financial instruments are too complex, and the requisite mens rea too elusive, for prosecutors to tell a compelling David v. Goliath story.
Case in point, the Department of Justice (DOJ) and the SEC recently announced they would not prosecute the AIG executives allegedly responsible for nearly bringing down the entire banking system with hundreds of billions of dollars of contingent deferred swaps (read “insurance”) written for collateralized debt obligations. Meanwhile, the DOJ took a big hit with the acquittal of two Bear Stearns executives last year in the first trial resulting from the meltdown. The case was premised on a loss of $1.6 billion when funds collapsed that were heavily invested in mortgage-backed securities.
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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.
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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.
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