MANAGING GOVERNMENT RELATIONSHIPS

The US federal government, foreign powers and international organizations have made policy commitments to combat corruption, improve government accountability, foster economic growth and decrease poverty. These initiatives have increased both the number of anti-corruption laws and the associated enforcement actions.   As a result, businesses, their leaders and employees are subject to increased scrutiny when interacting with government officials.

Providing favors, business courtesies or other hospitality to develop or retain business may be considered bribery or violate anti-corruption laws like the US Foreign Corrupt Practices Act (FCPA) or similar laws in the jurisdiction where you are doing business.  Further, conduct that is routine when developing commercial business such as business development activities, family and business relationships, making campaign contributions, lobbying, or recruiting and hiring from the government may result in conflicts of interest or perceived improper conduct that may also expose your organization to liability.

Cassidy Law can work with you proactively to develop processes which may mitigate the repercussions of illegal or improper conduct when interacting with governments, officials, or members of a political party.

If you are under government investigation for corruption, Cassidy Law can work with you to understand the investigative process and represent your business or its employees throughout the course of the investigation.

Anti-corruption services include advising on:

• Anti-corruption counseling and compliance programs
• Anti-corruption audits and risk assessments
• Third-party due diligence
• Compliance with conflict of interest laws and regulations
• Recruiting and hiring from the government
• Defending against government investigations, audits and prosecutions

Cassidy Law works with you to mitigate the risk of a costly and time consuming anti-corruption investigation. To learn more about proactively managing the risk of non-compliance with anti-corruption laws, review the Ethics and Compliance section below.

TRANSPARENCY, HONESTY AND PRECISION REQUIRED

When seeking business or doing business with a foreign or federal government, you expose your business to  complex laws and regulations that may result in criminal, civil or administrative penalties for businesses and individuals, especially if you do business with the U.S. military, law enforcement or intelligence agencies.

Practices common in commercial business could pose potential risk for those doing business with the government, especially when working with the defense and intelligence community.  For example, under the False Claims Act, failing to provide products and services as represented; or improperly invoicing the government may be considered an unlawful false statement.  Other laws regulate conflict of interest, the procurement process, employee recruiting, and interactions between prime contractors and subcontractors.

Defense and intelligence contractors need to be sure that both their facilities, IT infrastructure, and their employees maintain security as required by law to protect government information.  They also need to be alert to the potential of foreign, ownership, interest and control (FOCI) of their organizations which may require disclosures to the government or, defined strategies to manage FOCI.

Cassidy Law can help you nurture business relationships and avoid potential sanctions by understanding the government procurement process and the requirements for compliantly executing government contracts by providing legal counsel on: 

• Government procurement laws and regulations
• U.S. Federal Acquisition Regulations
• U.S. Defense Federal Acquisition Regulations
• The National Industrial Security Program Operating Manual
• Organizational and personal conflicts of interest
• Recruiting and hiring from the government
• Identifying and managing subcontractors
• Complying with ethics laws and regulations
• Identifying and managing foreign, ownership, interest and control (FOCI) risks

Cassidy Law can assist your company in the procurement process, help you develop compliance and ethics programs, respond to government audits and investigations, as well as advise your business and its employees throughout the government contracting process.

INCREASE VALUE WITH LEGAL COMPLIANCE AND ETHICAL DECISION MAKING

In the current business environment, companies face greater scrutiny than ever before. Federal and foreign governments all have their own laws and regulations, making corporate compliance a challenge for any multi-jurisdictional business. Complying with the law and fostering an environment based on integrity, however, does not just protect your company – it adds value. An investment in an ethics and compliance program that responds to your unique corporate culture and business model plays an important part in mitigating the risk of legal violations, attracting key employees, identifying responsible business partners, positioning your company for a favorable exit strategy and avoiding damage to your professional reputation.

A well-planned ethics and compliance program helps companies mitigate the risk of shareholder derivative suits, whistleblower suits, civil action and criminal investigation.

Cassidy Law can assist your organization with:

• Advising boards, audit committees, and senior executives on identifying and managing legal risks
• Executing a comprehensive legal risk assessment or prioritizing risks you have already identified
• Developing an integrated ethics and compliance program or improving an existing program
• Creating and delivering training and communications in the areas of anti-corruption, conflicts of interest, government contracting, False Claims Act, working with third parties, and international trade compliance
• Developing  policies and procedures designed to mitigate risks of unethical or illegal conduct
• Establishing reviews and monitoring procedures to determine if your ethics and compliance program is effective

Whether you are currently working with or planning to work with governments; or are a business that works internationally, Cassidy Law can provide legal guidance to create or enhance an ethics and compliance program as defined by federal law that addresses your unique compliance requirements.

Having worked with some of the most complex and innovative organizations in the world on their ethics and compliance programs, Cassidy Law has the experience and resolve to help you solve issues before they become major problem and to offer legal services designed to help increase a business’ value through compliance and ethics.

WHEN THEIR BUSINESS IS YOUR BUSINESS

Working with outside suppliers, sales agents, distributors, joint venture partners and subsidiaries can serve to expand and grow your business but, when working internationally or with the US federal government, they may also expose your organization to U.S. federal civil or criminal violations.  Therefore, it is important to know your business partners and put processes in place to avoid running afoul of certain U.S. laws surrounding trade sanctions, export compliance and ethical supply chain requirements like human trafficking.

The U.S. federal government restricts doing business or engaging in financial transactions with certain countries, organizations and individuals.  Given the changing geopolitical environment, the list of sanctioned countries, organizations and individuals is constantly changing.

The federal government also regulates the export of certain products and services that have or may have a military, intelligence or law enforcement use. Businesses that operate internationally and that have products or services that are regulated must have controls in place to assure compliance with these export regulations.

These laws and regulations are challenging and the repercussions of non-compliance may result in civil or criminal sanctions.  Not knowing these requirements or not knowing who your business partners is not a defense – business or individual does not have to plan or intend to violate these requirements to be held liable.  A business must understand how it delivers its products and services to market, how it gets paid and with whom it does business.

Cassidy Law can:

• Develop and Implement Compliance and Risk Management Programs
• Counsel on trade sanctions and export regulations (e.g., Can you do business with Cuba or selling certain services or goods to Russia or China)
• Represent business facing Government Investigation and Enforcement
• Conduct Internal Investigations
• Establish a risk based third party due diligence program
• Enhance contracts so your business partners are clear on their legal and ethical requirements
• Develop policies and procedures to mitigate the risks of trade or export violations as well as to comply with ethical supply chain mandates like anti-human trafficking laws.

Failing to know your business partners may expose a legitimate and reputable business to accusations of doing business with sanctioned countries or prohibited entities and individuals; or it may result in your business facing legal challenges because of your business partners’ actions. Cassidy Law has experience helping clients avoid these common pitfalls.

KNOWLEDGE IS POWER

To effectively lead an organization, management must have actionable insight into their business operations and employee actions.  Necessitated by government investigations, whistleblower actions, employee concerns, customer complaints, disputes with business partners, or internal audit findings, an internal investigation can provide clarity and mitigate risk.

Likewise, when your business or its employees are facing a government investigation, a government subpoena, audit or request for information, you need objective and knowledgeable insight on the government’s investigative process.  You also need counsel to advocate for your position, protect your interests, and assure the government adheres to the law while conducting the investigation and in any prosecution.

Internal and government investigations are sensitive and complex. Under attorney-client privilege, Cassidy Law can:

• Provide independent, objective insight into the scope of the problem
• Develop and document an investigative plan
• Craft and pose appropriate questions that elicit key information
• Provide a straightforward assessment of the potential outcome of the matter
• Identify the laws at issue as a result of the conduct
• Make practical recommendations on executing next steps
• Interact with government regulators, prosecutors and investigators
• Help clients manage the side effects of a government investigation (e.g., leadership crises, media attention, client and other business relationships at risk, etc.)
• Defend organizations, their leaders and employees in government investigations and prosecutions

Cassidy Law understands the demands an investigation, whether an internal or government investigation, places on employees, costs, and time so it designs investigative strategies that are efficient, directed, deliberate and thorough.

Cassidy Law has conducted internal investigations and represented clients in government investigations on bribery, corruption, FCPA, False Claims Act, fraud, international trade violations, financial management, and conflicts of interest.

If you need advice on whether an investigation is necessary, if you have concluded that an investigation is necessary, or if your business is under investigation; charged with a crime; has been subpoenaed; has been subject to a search warrant or government audit call or email Cassidy Law for assistance.