After Delay, SEC Gets Closer to Picking Director of Minority and Women Inclusion

The Securities and Exchange Commission is finally catching up on its minority and women contracting responsibilities. On April 30, 2011, SEC Commissioner Luis A. Aguilar said in a speech, correctly, that “Section 342 of the Dodd-Frank Act requires that the SEC undertake significant efforts to recruit and promote employees from all backgrounds. In particular, Section […]

Finding One’s Place in an Increasingly Global Economy

In prior postings, we have explored the issues faced by businesses struggling to identify their place in an increasingly global economy and the kinds of myths that often cloud their decision-making. We have focused on factors like contract provisions, language choice, risk assessment, and risk mitigation, that companies and their lawyers are usually comfortable discussing. […]

New Verification Rules for VA Set-Aside Program Pose Potential Issues

Jill Aitoro of the Washington Business Journal has just reported on August 19, 2011, that the Veterans Administration is requiring all small businesses that wish to participate in VA contracts set aside for veterans to fill out a fairly lengthy verification form showing that they are in fact owned and controlled by veterans, service-disabled veterans […]

Is FCPA Enforcement Under Siege?

Enforcement of the Foreign Corrupt Practices Act (FCPA) seems to be under siege from a number of different directions. We wrote last month about the FCPA convictions of Lindsey Manufacturing and two of its executives in U.S. District Court in Los Angeles. Since then, however, Judge Howard Matz, presiding over the case, has asked for […]

Dispelling Myths on Moving an Infrastructure Business Across Borders

This is the second post in a three-part series on the shrinking infrastructure market that we are posting in an attempt to dispel myths about moving business across state and national borders and to show how businesses can adapt to a global market. Why is the U.S. construction industry lagging behind its European and Asian counterparts […]

How to Navigate in a Shrinking Infrastructure Market

Within the United States, the shrinking and shifting infrastructure is causing companies to move across state lines in search of work. The same forces are pushing many U.S. companies to consider “going global.” These trends should not surprise anyone. Large, prominent infrastructure development projects are disappearing in this country. For example, after winning $810 million […]

Wanted: Diverse Subcontractors for Fannie, Freddie and the Fed

Attention all providers of real estate, financial, marketing, IT, professional and travel services: If your business qualifies as a “diverse supplier” under one of the programs specific to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks, the prime contractors doing business with those entities will probably want to know about it. In late […]

Traders Beware — The SEC Is Watching

The Securities & Exchange Commission is taking a new and aggressive position on insider trading. The message is clear: “Traders beware! We are watching.” Investigators are not only watching; they are using new tactics to hunt new targets, casting their nets to ensnare players both big and small. Several recent investigations and convictions reflect this […]

When It Comes to the FCPA, Better to Stay on the Safe Side

Last month, a federal jury in Los Angeles handed down guilty verdicts against all the defendants on trial in the well-publicized Foreign Corrupt Payments (FCPA) case against Lindsey Manufacturing. The results were devastating for the company and the individuals. The CEO and other officials, as well as Lindsey Manufacturing itself, were convicted after only a […]

Tax Withholding on Contracts May Hit Hard at Small Businesses

Lately, the federal government has launched new or expanded preference programs to benefit small businesses, enabling them to compete better with larger companies and to keep their strong foothold in the economy. However, a little-known tax provision, if it remains part of federal law, is going to have a disproportionately harmful effect on those same […]