Public Officials

News & Analysis as of

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred...more

Red Notice Newsletter - January 2016

ANTICORRUPTION DEVELOPMENTS - Convicted Printing Company Ordered to Pay £2.2 Million - On January 8, 2016, the Serious Fraud Office (SFO) announced that Smith & Ouzman Ltd, a U.K. security printing company, was...more

Corruption and Foreign Government Institutions

The FCPA can create a very one-sided view of corruption. The bribe payer is punished and most times the recipient is not. The Justice Department has used creative approaches to ensnare recipients as in the Direct Partners...more

Practical aspects of anticorruption legislation in Kazakhstan

Having clear, understandable and effective corporate rules is the best protection against possible risks Since its independence, Kazakhstan has made significant progress in combatting corruption and bribery. However,...more

A Brief Legal Guide for Local Public Officials in Responding to Terrorist Attacks

There are just some legal matters that should not be put off — and sorting out the legal authority local public officials have in responding to a terrorist attack is one such matter. Once the attack is already underway, it’s...more

Canada considers new requirements for monitoring politically exposed persons

The previous federal government introduced amendments to money laundering regulations this past summer to implement a program of financial surveillance of senior public officeholders, their family members and their close...more

The Ethics Advisor: I’ve Just Been Elected (or Re-Elected) to Local Public Office — Now What?

Fourth in a series by BB&K Partner Ruben Duran for the Southern California Latino Policy Center Newsletter* Congratulations, Ms. or Mr. Newly-Elected Public Official, and welcome to the world of local government and...more

Municipal Legal News: Volume 1, Number 2 November 2015

Employment Requirements for Building Officials - The Michigan Attorney General has interpreted a recent law requiring municipal building officials to be “employed” by a municipality to mean that building officials cannot...more

The Meaning of “Malfeasance in Office” and the Lifetime Ban to Holding Office it Carries

The California Attorney General concluded in a recent opinion that the City of Commerce has the right to sue a sitting city councilmember convicted of a crime to test if he has the right to hold office. The Attorney General...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

The Ethics Advisor: The Proper Roles of Staff and Elected Officials

Most cities in California (an overwhelming 97 percent) operate under the “Council-Manager form of government,” under which the elected councilmembers directly hire and oversee one top-level employee (the city manager) to...more

Government Fraud and Corruption: Ex-Mayor and Engineer Convicted in Major Municipal Corruption Case in Quebec

On September 15, 2015, the Court of Québec rendered a judgment? in which it found a former mayor and a vice-president of an engineering firm guilty of several criminal offences relating to municipal corruption. These...more

The Ethics Advisor: The California Public Official’s Quick and Clean Guide to Gift Rules and Regulations

As a public official in California, whether elected or appointed, volunteer or employee, you need to be aware of the rules regarding your receipt and reporting of gifts, as well as the traps for the unwary that can lead to...more

Bribery and Behaviors from the Front-Lines

Tell me a little bit about your background and how you came to be an anti-bribery consultant. My entry point into the defense business was as a fourth generation family member of what at the time (the mid 80's) was one...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Political Logrolling Approved by Seventh Circuit

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit...more

N.C. Court of Appeals Addresses Public Records, Closed Session and "Personnel Matters"

In The Times News Publishing Co. v. The Alamance-Burlington Bd. of Education, No. COA15-99 (July 21, 2015), the Court of Appeals considered the intersection between the State's Open Meetings Laws (N.C.G.S. 143-318.9, et seq.)...more

P3s: Managing Risks and Rewards

Overview - Successful P3s—Public-Private Partnerships—can be blessings for state and local governments searching for new ways to finance many types of critical “infrastructure”—roads, schools, prisons, and more—and...more

Comments due for JCOPE Proposed Guidance on Consultants and Grassroots Lobbying

In May, the Joint Commission on Public Ethics (JCOPE) issued proposed guidance on consultants and grassroots lobbying and is currently seeking informal comments on the proposal by July 10, 2015. The proposed guidance...more

Blog: What States Should Know About The Contractual Consequences Of Bribery

Bribery. States often have to decide to exit or continue with contracts procured by bribes paid to public officials. Bribery gives rise to various types of claim. We have previously covered claims to recover the value of...more

Blog: What States Should Know About Breach Of Fiduciary Duty

Who can be sued? In England and other common law countries a civil claim for breach of "fiduciary duty" can usually be made against senior public officials involved in corruption. When does it apply? A claim for...more

Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

The Virginia Supreme Court issued opinions on June 4, 2015 during its June term. This term resulted in two opinions affecting Virginia local government law. These opinions addressed defamation alleged from statements by a...more

Foreign Corrupt Practice Act Update

Recent criminal indictments of FIFA officials should remind businesses to review their obligations under the Foreign Corrupt Practices Act (FCPA). Those who violate the FCPA can face civil and criminal penalties, including...more

There’s No Such Thing as a Free Lunch: Conflict of Interest and Ethics Tips

Recent developments suggest that businesses looking to fill tables to charitable or other functions should take caution when inviting public office holders. This month, Ontario’s Office of the Integrity Commissioner...more

The Ethics Advisor: Watch Out For Technology! The Ethical Use of Technology in Your Role as Public Official

Second in a series by BB&K Partner Ruben Duran for the Southern California Latino Policy Center Newsletter* ¡Aguas con el Tech! While the use of technology by elected officials in California may not exactly be...more

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