According to a recent DOJ non-prosecution agreement (NPA) with Credit Suisse Hong Kong, the popular Take Our Daughters and Sons to Work Day got a little twisted. According to the facts in the NPA, the daughter of a high-ranking Chinese foreign official took her mom on her Credit Suisse business trips. This was possible because…
Question: What do: Cuban cigars A gas line to a heated pool Dinners at a French restaurant A job with a prestigious bank A charitable contribution Have in common? Answer: Each was considered a bribe in a corruption and/or racketeering scheme to improperly influence a government official or government employee to use their position to…
In federal government contracting, small businesses that have been awarded the status by the federal government as a “small” business are eligible to receive federal government contracts that are specifically “set-aside” for small businesses and other benefits designed to help them grow and prosper. But, your status as a small business may be destroyed if…
It is difficult to keep a company on the path of legal compliance and to maintain its reputation especially since following the law does not necessarily protect an organization’s reputation. Recently, AT&T and Novartis experienced the pain a bad decision can have on reputation and financial value. The CEO’s for both Novartis and AT&T gave…
Managing investigations or investigators is never easy. Litigating is never easy either. But, it does not have to be as hard as Uber made it, which included inflaming a judge as well as garnering it bad press. In 2015, when Uber got smacked with an anti-trust lawsuit, Uber retained an investigative firm to look into…
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…
Lawyers, particularly prosecutors, love to question people and then to cross-examine about inconsistent answers to the questions. This compulsion to ask questions is acute in prosecutors because their job is to get to the bottom of things. The counterweight to this is the defense instinct to rebuff questions by “lawyering-up”, asserting the Fifth Amendment or…
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…