Entering a relationship with a new client, sales consultant, joint venture partner, or any other entity merits thoughtful consideration to protect your business’ value. Likewise, once you enter a relationship, you need to make sure the relationship stays healthy and productive over time. This is especially true when working with governments or doing business internationally…

Former Defense Secretary Donald Rumsfeld, when speaking about the Iraq War, took a lot of “writ” for saying there are unknown unknowns and that the unknown unknowns are difficult to manage. No doubt it is a weird statement on its face. But, most folks who manage risk for a living understand that the unknown unknowns…

FOCI – Foreign Ownership, Control and Interest Given the information and technology that U.S. defense contractors have and the role they play in U.S national security, U.S. defense contractors need to be particularly concerned about the dangers of the world. To manage the wild and dangerous world, regulations, particularly those detailed in the National Industrial…

“Oh baby, baby, it’s a wild world.” -Yusuf Islam, formerly known as Cat Stevens To assist businesses in operating in this wild world, the U.S. government tries to pass laws that it thinks will protect businesses and U.S. national security. The Foreign Agent Registration Act (22 U.S.C. 611 et seq.; 28 CFR Part 5) (FARA)…

Given my practice area, people often ask me why people commit white-collar crimes. I ask myself this question; and, just as often, I ask myself how can I help my corporate clients mitigate the risks of committing a crime? Despite my lifelong quest to answer both these questions, I have no good answers. Unfortunately, the…

At times, corporations and their leaders fumble when assessing legal risks. The result is trouble – corruption, procurement fraud, securities violations, inflated earnings, and trade violations. When it happens, it often results in criminal prosecutions, shareholder lawsuits, and negative media creating a perception that companies are filled with scoundrels. Often the prosecutions, the lawsuits and…

Do ethics and compliance have a price? Yep, and it varies depending on the scenario. But for this post, I am going to start my calculation at about $4.5 billion dollars. In 2015, Forbes Magazine put Ms. Elizabeth Holmes, founder and CEO of Theranos, on its list of the world’s richest self-made women with a…

Walking my dog the other day, I passed a “drug-free zone” sign and, smelling marijuana, smiled at the three guys standing there passing a joint. (Even with the new DC marijuana laws you still can’t light up on the streets, especially in front of the drug-free school zone.) The three guys were not just standing…

Those in the ethics and compliance community and at the Department of Justice (DOJ) constantly chirp about the need for entities to have an ethics and compliance program which encourages not only compliance with laws, but ethical decision making. In fact, the Federal Sentencing Guidelines, the Federal Acquisition Regulations and other laws and regulations require…

You want to overnight a letter from downtown DC to upper Northwest DC.  You go into the U.S. Post Office to accomplish this task.  There are three people in line for the self-serve kiosk. There are five-people waiting in line for the full service window.  Thinking it will all move quickly, you grab the overnight…

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