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LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
Last month, we discussed the “lore” that counsel must rely upon when tackling FCPA enforcement actions. A concrete example of the establishment of FCPA lore is useful when discussing how the lack of judicial precedent in these cases puts corporations and their counsel at a disadvantage.
A corporate client could be aware that the SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and “hint” that a contribution to such a worthy organization would be welcome.
The client researches the charity and determines that the charity is legitimate, is focused on an area the company generally supports through charitable giving, and is successful in achieving substantial charitable goals. Moreover, the client concludes that a charitable donation would be commercially beneficial as it would reflect well on the company locally and would provide the client with access to other local business and government leaders. The client wishes to make a sizeable contribution, but is wary of running afoul of the FCPA. The client seeks counsel.
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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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