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…

There is something that the Trump and Biden Administrations agree on: Whenever possible, the Federal Government should buy American products with the goal of helping American businesses compete in strategic industries to help U.S. workers thrive. Both administrations issued EOs and rules with this goal in mind. Current Buy American Act Currently, the Buy American…

On its first day in office, the Biden Administration directed a freeze on pending regulations and directed agencies to review pending and proposed regulations to assure pending regulations are consistent the its policy goals. The freeze directed that: Federal Agencies will not propose or issue new rules until an official, designated by the President, approves…

On April 27, 2021, President Biden issued an Executive Order requiring federal contractors to pay a $15.00/hour minimum wage impacting about 390,000 employees of federal contractors. Estimates project it may lead to an average pay increase for annual, hourly workers of $3,100.  Overall, the EO will result in a significant wage jump of almost a…

Margaret and The Candid Counsel crew put together many terrifying tales of just what it takes to frighten your friendly attorney. In no particular order Margaret’s classic tales of terror include: Writing emails to your lawyer joking about who in the company will look good in an orange jumpsuit. Conduct your own internal investigation without…

According to FAR Part 16, the Federal Government uses fixed-price contracts when it wants to place most of the risk and responsibility for performance on the contractor. This means that fixed-price contracts are generally not subject to being adjusted as a result of the contractor’s costs or profits increasing or decreasing in performance. As a…

Given my practice as an ethics and compliance lawyer, white-collar defense lawyer, I am getting barraged with questions on the college scandal: Why would someone pay a bribe like this? Why would someone accept a bribe? Where are the people with integrity? Did they not think they would get caught? How did the colleges “let”…

A lot of organizations have helplines where employees or others can call to ask questions or raise ethical or legal concerns. Anyone who has ever reviewed the information from these helplines or responded to the calls know just how diverse and, frankly, crazy some of the calls can be. It is not surprising that crazy…

I cannot look back on the happenings of corporate crime these past few years without commenting on the best bond revocation of possibly ever. Pharma Bro posted $5 million in bond to remain free pending his trial. (See 2018’s Most Noteworthy Conviction) However, while out on bond, on his Facebook page, which has about 70,000…

How a company treats employees who bring forth concerns is strong evidence of that company’s propensity to make legal and ethical decisions. A company that welcomes hearing about concerns and issues breeds trust with its employees and other stakeholders like investors and regulators. As a result, employees may share their concerns with an organization before…

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