There are times when companies that have Securities Exchange Commission (SEC) reporting requirements AND that perform classified work for the U.S. federal government find themselves in a quandary because… The SEC requires companies to file financial reports in certain instances so the public has the information it needs to make decisions about investing in the…

Sports apparel company Under Armour instituted a new policy in 2018 that in my opinion wins as the best new corporate policy of 2018. According to the Wall Street Journal, Under Armour’s chief financial officer sent employees an email explaining that Under Armour would no longer reimburse expenses for adult entertainment, limousine services and gambling….

Over the last couple of years, media reports about Uber exemplified a corporate culture without concern for following the law, acting ethically or just otherwise being a decent corporate citizen. Some examples: Uber has faced allegations of sexual harassment in its executive ranks and allegations of failing to manage drivers accused of improper behavior.  …

Overview The Transactional Records Access Clearinghouse (TRAC), housed at Syracuse University, researches and distributes data about the federal government’s enforcement work. As TRAC itself explains, it seeks to answers questions about government enforcement work – questions that burn in the souls of lawyers who defend companies and people being investigated or prosecuted for crimes or…

Agency inspector general offices investigate complaints from persons in the federal government ecosystem who complain about waste, fraud, abuse of authority; violations of law, regulations or policies; or danger to public health or safety; and, suffer some type of adverse employment action for doing so.   Since the enormous Department of Defense (DoD) gets so…

The Federal Government wants employees of contractors and subcontract and independent contractors to disclose to the government instances of fraud, waste, abuse of authority; violations of law, regulations or policies; or substantial and specific danger to public health or safety. Once someone makes a disclosure of this nature, laws and regulations protect them so they…

Nothing induces shell shock for both lawyers and business people like reading a federal government request for proposal or contract for the first time. There are a number of reasons for this: The RFP/contract goes on for pages, often in excess of 100 pages The RFP/contact is filled with government lingo The RFP/contract has pages…

My good friends and esteemed colleagues over at Law Offices of Sara Kropf, Sara Kropf and Dan Portnov, recently wrote a blog post asking the white-collar defense community whether they have encountered federal government contractors rather than government employees, prosecutors and federal agents conducting government investigations. Read the full post: Government Contractors Conducting Investigations: A…

In my line of work, I collaborate with risk management executives a lot. I have learned much from them since they are indispensable to the process of conceptualizing and mitigating business risks and legal risks. When working through a challenging legal issue that may cause the &$%* to hit the fan, many risk management leaders…

It kills me to delete files or to shred files. I am not alone in my pack rat ways – many of us hoard our files (and other “stuff”). Businesses try everything under the sun to get their employees to comply with well-crafted, legally appropriate document destruction policies. Some businesses have a designated document destruction…

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