New Rule Makes Matters Thorny for HUBZone Contractors

As a result of a new Labor Department rule, HUBZone contractors will need to brace themselves for possible new changes to their hiring practices that may prove difficult and cumbersome. Since 1998, Congress has provided for preferential treatment to HUBZone contractors — those firms servicing Historically Underutilized Business Zones — in competitions for federal government […]

Executive Order Aims at Opening Doors to All in Federal Work

While we wait for Congress and the private sector to sort out a solution to our struggling economy and spark much needed job growth, President Obama took a promising step last month in signing Executive Order #13583. The purpose of the order is to promote the equal opportunity and inclusion of qualified minorities by America’s […]

Finding One’s Way Globally — Some Current Examples

In previous blog posts, we discussed some of the challenges and opportunities that often face U.S. companies that are considering doing business abroad. Here are some examples that we are familiar with and that can illuminate the complex decision-making process that these companies can encounter. First, a West Coast contractor was experienced in working with […]

What Small Businesses Need to Succeed Beyond Our Shores

Because of the lower value of the dollar and increased demand abroad, American companies have sought new markets overseas. This includes small companies as well as large. U.S. exports rose to more than $170 billion in June 2011 from $151 billion a year earlier and $128 billion in June 2009, the Commerce Department reported this […]

Is SEC Rewriting Insider Trading Law?

As we and others have noted lately, the Securities and Exchange Commission and the Justice Department have taken a new and aggressive attitude towards insider trading. Both in high-profile prosecutions like that of the leaders and employees of the Galleon Group LLC hedge fund, and in more routine civil enforcement actions, it looks to a lot […]

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 […]