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An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
On Nov. 14, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) jointly released the long-promised FCPA guidance, entitled “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (hereinafter, referred to as the Guide). While the Guide is lengthy and addresses many topics, it is also carefully written in such a manner as to not limit the DOJ and SEC's future ability to broadly interpret the FCPA. Furthermore, there are several areas where hoped-for clarification did not completely materialize.
There are, however, several useful examples and guidance points in the Guide that will assist practitioners and companies in understanding how the FCPA may be interpreted in the future. This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
Definition of 'Foreign Official'
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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.