Brett W. Johnson

Brett W. Johnson

Snell & Wilmer

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Responding to the Ukraine Situation: A Time to Update All International Trade Policies and Agreements

Over the last several years, the United States and other countries have constantly changed international trade regulations in response to ongoing foreign events. Now, in response to the ongoing crisis in the Ukraine,...more

3/31/2014 - Foreign Policy Russia Sanctions Trade Policy Ukraine

District Court’s Attorney-Client Privilege Ruling Counteracts Incentives to Perform Internal Investigations

It has long been assumed that under the U.S. Supreme Court’s decision Upjohn Co. v. United States, reports generated during an internal investigation undertaken at the direction, and under the supervision, of corporate...more

3/27/2014 - Attorney-Client Privilege Internal Investigations SCOTUS Upjohn Warnings

A Vital Link to Any International Trade Compliance Program: The Human Resource Manager

Governments in every country are taking international trade compliance seriously. Unlike other company departments that heavily rely on automation to track supply chain compliance, those departments responsible for...more

3/25/2014 - Compliance FCPA Human Resources Professionals ITAR OFAC

Obtaining a Piece of the Pie: Small Business Preferences in Federal Contracts

The federal government is the single largest purchaser of goods and services in the world. Some of these purchases, of course, are for highly specialized goods or services produced or performed by large corporations. For the...more

3/24/2014 - Federal Contractors Small Business

Avoid the Quick Fix: Addressing Government Contracting Ethical Breaches That Can Destroy A Business

For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more

3/21/2014 - Bribery Contractors Ethics FCPA Federal Contractors Foreign Official UK Bribery Act

Guilt by Affiliation: A Recent Court Decision that Every Government Contractor Should Consider

One of the many business strategies to win more government contracts is to “team” with other companies that provide specific specialties or qualify for socio-economic benefits. Sometimes, these partnerships are formal through...more

1/13/2014 - Federal Contractors Joint Venture Teaming Agreements Third-Party Risk

Global Connection - November 2013: Anti-Corruption On a Global Scale: The FCPA is No Longer Considered the Only Game In Town

The Global Connection has extensively covered the U.S. Foreign Corrupt Practices Act (“FCPA”) over the years. With the advent of the U.K. Bribery Act, the FCPA was finally having real competition by another country as a...more

12/2/2013 - Anti-Corruption Brazil Canada CFPOA Clean Companies Act Compliance FCPA UK UK Bribery Act

Global Connection - November 2013

In today’s global marketplace, companies need to be informed about foreign laws and practices that impact, or may potentially impact, their businesses in the various regions they serve. This edition of Global Connection...more

11/26/2013 - Anti-Corruption Franchise Agreements Franchises Franchisors International Trade Agreements Subsidiaries

When Enough Is Not Enough: Two Court Rulings Complicate Corporate Compliance Efforts

In the shadow of billion dollar settlements, exhaustive and expensive internal investigations, costly shareholder derivative suits, and the constant need to stay competitive in a global marketplace, companies in recent years...more

10/16/2013 - Anti-Kickback Statute Compliance Corporate Counsel Internal Investigations Settlement

Global Connection - October 2013: The Time Has Come To Dust Off The Export Control Policies

The Export Control Reform (“ECR”) initiative is in full swing. On October 15, 2013, businesses will wake up operating under a completely revised export control system. Some the changes have been in works for several years,...more

10/8/2013 - Compliance Export Controls Exports

Global Connection - October 2013: Understand the “EAR”: Making the Transition from the ITAR to the Export Administration...

One of the main reasons for the government’s Export Control Reform initiative (“ECR”) was to ensure that the United States’ comparative advantage in certain technologies against the rest of the global marketplace is...more

10/8/2013 - Export Administration Regulations Export Controls Exports ITAR

Global Connection - October 2013

We have written over the years about export control laws and other regulatory controls related to international trade. We have also discussed the comparative advantages that some countries have over others, including the...more

10/7/2013 - Department of State Export Controls Trade Policy U.S. Commerce Department

Under Construction - March 2013: The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs

On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget...more

3/22/2013 - Contractors False Claims Act Federal Budget Sequestration Spending Cuts Subcontractors

Under Construction - March 2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

3/16/2013 - Construction Contracts Contractors Dangerous Condition Duty to Maintain Evidence Expert Testimony False Claims Act Foreseeability Governmental Immunity Sequestration Subcontractors

Sands’ Casinos Report of “Possible” FCPA Violations Will Draw Scrutiny to the Gaming Industry

On Friday, March 1, 2013, the parent company of the Las Vegas Sands Corp. (Sands), reported in a filing to the Securities and Exchange Commission (SEC) that the company may have violated the “books and records and internal...more

3/5/2013 - Casinos Compliance DOJ FCPA Gaming Investigations SEC Whistleblowers

SEQUESTRATION: Preparing Government Contractors for Uncertainty, Cut-Backs and Contract Termination

Current reports from Congress suggest that “sequestration” will likely take effect as early as March 1, 2013. The sequestration is a key part of the Budget Control Act of 2011, which requires the federal government to...more

2/27/2013 - Budget Control Act of 2011 Contractors Government Entities Modification Sequestration Subcontractors WARN Act

The National Export Initiative: Two Years Remain to Meet President Obama’s Goal to Double Exports

In January 2010, President Barack Obama announced a National Export Initiative (NEI), which was intended to lead to a long-term, sustainable economic growth for the United States, with a goal of doubling exports by 2015 to...more

2/14/2013 - Barack Obama Double Exports Export Administration Regulations Export Controls Exports ITAR National Export Initiative

Doing Business In Arizona - A Legal Guide

Contents: Part I: A Brief Factual Look at Arizona: - Population and Job Growth - Personal Income - Exports - Leading Industries - Location - Business Costs - Labor Force - Education -...more

1/5/2013 - Business Ownership

LEGAL ALERT – Were Our Predications Correct? Reviewing DOJ’s Guidance Regarding the Foreign Corrupt Practices Act

On November 8, 2012, we opined in the Global Connection as to what to expect from the anticipated Department of Justice (DOJ) and Securities Exchange Commission (SEC) guidance in regard to the Foreign Corrupt Practices Act...more

12/14/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

Stay Tuned: Predictions on DOJ’s Anticipated Guidance on the Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act (FCPA) has long been a favorite topic of the Global Connection. The FCPA, as well as various other foreign anti-corruption laws – such as the U.K. Bribery Act – and international agreements,...more

11/14/2012

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