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Should Dodd-Frank Be Renamed the 'Rube Goldberg' Statute?
You've been comfortably existing as a privately held commercial leasing company for years. You routinely cover your interest-rate exposure on your funding debt by entering into interest-rate swaps in modest amounts. You've been doing this for some time, no big deal. This year your bank or broker sends you a ton of documents and asks you to sign umpteen pages of gobbledy-gook, telling you that you might be a “highly leveraged financial entity,” which might make you a “major swap participant,” which requires your bank to follow certain procedures, and may require you to do certain things. To which you say, “what just happened?”
Why Now?
Perhaps purposely, or just fortuitously, your company has avoided any regulation by the federal banking agencies, as well as your state banking agencies, by being unaffiliated with a banking entity and by concentrating on commercial leases, engaging in no consumer business. You have enjoyed this autonomous and unregulated existence, content to concentrate on the difficult enough issues of making a profit in a tough and competitive environment. The interest-rate swaps you have had over the years cost significant money that could have been used elsewhere, but those swaps have also saved you interest rate expense, or at least provided you peace of mind that is priceless.
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.