"Spoofing" as Fraud: A Novel and Untested Theory of Prosecution
April 01, 2019
The DOJ has signaled its intent to pursue prosecutions for spoofing — which the law defines as "bidding or offering with the intent to cancel the bid or offer before execution" — aggressively. This article begins with a brief discussion of the elements that the government must prove to establish commodities fraud and wire fraud. It then examines recent spoofing prosecutions that raise important questions about the applicability of the traditional fraud statutes to spoofing-related activity. How the federal courts answer these open questions will have significant implications for participants in the commodities markets.
Real Property Law
April 01, 2019
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Sales Speak: Overcoming the Doer-Seller Dilemma
April 01, 2019
<b><i>Rethinking Sales As an Act of Service</b></i><p>Lawyers are one of only a handful of professionals whose job requires them both to do the work and generate the business. This “Doer-Seller” Dilemma is particularly vexing for lawyers because of a long-held belief that sales is somehow beneath the legal profession and because lawyers have a limited view of what successful selling looks like.
Creating a Culture of Intelligence
April 01, 2019
We hear about the ongoing cost pressures clients face, which force in-house counsel to do more with less, and the pressures on outside counsel to provide greater efficiencies and cost predictability. We also hear that clients hate to be cross-sold. However, this does not mean that clients are not interested to be introduced to new colleagues who can provide insight.
IP News
April 01, 2019
In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
Why Should Law Firm CMOs Care About Social Responsibility and Sustainability?
April 01, 2019
<b><i>Because Clients Do</b></i><p>Given the increasing challenges facing our planet and our society, and considering our role in creating the current state of affairs, it is up to us to change the way we do business to slow and reverse the damage. CMOs can and should be among the leadership voices to help their firms recognize this as an obligation and an opportunity.
Five Ways to Maximize Marketing Efforts
March 01, 2019
With every request for external exposure, there is also an assumption that one effort of marketing will result in millions in new revenue. Yet, we all know that the responsibility to implement all marketing initiatives is on the lawyers.
