When Is an Employee Not an Employee?

By Carol L. O’Riordan We have recently discussed provisions in the Federal Acquisition Regulations (FAR) concerning the percentage of work that a small business must perform itself rather than subcontract out, in order to comply with small business self-performance mandates. This is the so-called limitation on subcontracting rule. A contractor must ask: What percentage of […]

Privilege Is Necessary to Ensure Successful Internal Investigations

When a company undertakes an internal investigation of suspected wrongdoing, in-house attorneys are often the ones who do the investigating. Very often, in-house lawyers thus take a central role in a company’s compliance function, and one of the first steps that they take at the direction of top management is to conduct a no-holds-barred investigation […]

Bethel Will Speak as Panelist at ABA Minority Counsel Program in D.C.

On May 16, 2014, from 8 to 10 a.m., Executive Partner Pamela J. Bethel will participate as a panelist at a conference sponsored by the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession. Ms. Bethel will represent the National Bar Association, a predominantly African-American bar group, at the session at the […]

The Strange Case of the Paper-Napkin Conspiracy

By Pamela J. Bethel Recently, we explained, in the context of white-collar crime, why e-mail is a dangerous tool to use, even when you are not guilty, and why one should never be too complacent about what prosecutors may be up to. Here is another lesson: Even a seemingly unbreakable conspiracy can fall apart. All […]

Beware of What Prosecutors Aren’t Telling You

By Pamela J. Bethel Last week, we wrote about a cautionary lesson from some pending white-collar criminal cases: Watch what you put into an email. Whether you are guilty or innocent, your words may come back to bite you. Here is another lesson from one of those cases, the New York state prosecution of former […]

Cautionary Tales: Don’t Assume Your Emails Will Remain Private

By Pamela J. Bethel Anyone who is pursuing or defending white-collar criminals these days knows that the essence of any case is usually what is found in the defendants’ emails. It’s a pretty good assumption that anything you say in an email will eventually be found out — and that therefore before writing an email […]

O’Riordan Receives Award From Organization of Women Business Leaders

We are delighted to announce that our partner Carol L. O’Riordan has been selected to receive the President’s Award of the Women Presidents’ Educational Organization – DC (WPEO-DC). The WPWEO is a regional partner organization of the Women’s Business Enterprise National Council (WBENC), the nation’s leading advocate of women-owned businesses. The WBENC is a coalition […]

DOD Requires Contract Offerors to Disclose Their Ownership

By Carol L. O’Riordan This is the sixth blog post in our series about new federal regulatory initiatives that are on tap for the first half of 2014. The Department of Defense recently amended the Defense Federal Acquisition Regulation Supplement (DFARS) to add a provision that requires companies offering to perform contracts for DOD to […]

GSA Taking Another Step Towards Fully Electronic Contracting

By Carol L. O’Riordan This is the fifth blog post in our series about new federal regulatory initiatives that are on tap for the first half of 2014. The General Services Administration (GSA) has issued a proposed rule to amend the General Services Administration Acquisition Regulation (GSAR) to require electronic submission of modifications under Federal […]