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Talk is cheap; but talk about how much money you make is encouraged, at least by proposed Government rule

Our parents taught us that some things are not discussed in public. Religion, for example, or how much you earn. President Obama and the Office of Federal Contract Compliance Programs apparently disagree with our parents, at least regarding pay. Today, September 17, OFCCP has published proposed rules to implement Executive Order 13665, “Non-Retaliation for Disclosure […]

New corporate offence of failure to prevent economic crime?

David Green QC, the Director of the SFO, has been calling for the introduction of a broad corporate criminal offence of “failure to prevent economic crime” over the last year, and it seems his idea is gaining increasing momentum with the Government.  The proposed offence would be modelled on section 7 of the Bribery Act […]

Contracts 101: There is no contract without consideration. And a promise to do nothing is not consideration.

“Promises are like crying babies in a theater; they should be carried out at once,” said Norman Vincent Peale (1898-1993, author of The Power of Positive Thinking). From the U.S. Civilian Board of Contract Appeals, we now get the converse: If I don’t promise to buy anything from you and you don’t promise to sell […]

Who Says That Government Contracts Can’t Be Fun?

There’s confidence, then there’s boldness, then there’s audacity, and then there’s DODS, Inc., ASBCA Nos. 57746, 58252, July 22, 2014.  Where to begin?  For starters, would you buy one of these: [image credit:  U.S. Army] if its wings were built in one of these? [image credit:] Thankfully, neither would the U.S. Army Aviation and […]

The Attorney-Client Privilege and Corporate Investigations: An Uneasy Mix

In 2013, David Danon filed a False Claims Act suit against the Vanguard Group, alleging that the company had operated an illegal tax shelter and improperly failed to pay taxes and file returns in New York State.  The suit is based on documents Danon obtained while employed as associate counsel for the company, and last month, […]

Who HMRC May Target With the New Strict Liability Offence of Not Declaring Offshore Income and the Potential for Injustice

On 19th August 2014 HMRC published new consultation documents outlining the Government’s proposals to prevent individuals hiding money offshore to evade tax. The central plank in HMRC’s strategy is introducing a new strict liability offence of having taxable income offshore without declaring it to the authorities.   These consultation documents add flesh to the bones of […]

SFO Name their Larger and More Complex Investigations – Brown Rudnick LLP advise in two thirds of them

It is often highlighted that the SFO are now taking on fewer cases. Rather than viewing this as a failure though, this should perhaps be seen as the realization of Lord Roskill’s intention, more than 25 years ago, that the Office should take on only the largest and more complex cases. The Director has specifically […]