Scales of JusticeAll too often, corporations and executives trying to “do the right thing” find little preventative guidance coming from the Department of Justice. Companies seeking to ensure their corporate compliance programs are robust enough to withstand government scrutiny frequently must resort to reviewing the United States Sentencing Guidelines or prior Non-Prosecution Agreements or Deferred Prosecution Agreements for guidance.

Recently, though, the DOJ Fraud Section quietly issued additional information about how DOJ prosecutors evaluate a company’s compliance program in “conducting an investigation of a corporate entity, determining whether to bring charges, and negotiating plea or other agreements.” The guidance was issued on February 8, 2017, and was not accompanied by so much as a press release or other public statement. Titled “Evaluation of Corporate Compliance Programs,” it can be found in full here.


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taxAs party goers rang in 2017 this past holiday weekend, owners of Bitcoins had additional reason to celebrate as the value of the digital currency soared past $1,000 USD on Monday. The surge in Bitcoin price, up from just $200 USD in January 2015, may provide additional fodder for the IRS, who has its crosshairs set on Bitcoin users who do not properly report their income related to the buying, selling, and/or exchanging of the digital currency.

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Gun controlThree of the four states to consider tightening their gun-control laws pass new initiatives on Tuesday. Gun-control was on the ballot in Washington, Maine, Nevada, and California.

In California, which already has some of the nation’s most stringent gun laws, voters approved a measure that will outlaw possession of large-capacity ammunition magazines, require permits to buy ammunition, and extend California’s program that allows authorities to seize firearms from owners who bought guns legally but are no longer allowed to own them. The gun-control measure, pushed by Lt. Gov. Gavin Newsom, was approved by 62 percent of voters as of Wednesday morning. The full text of the measure can be found here.
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Money puzzleIn your free time, while not grinding away at your corporate day job, you’ve developed an early-stage version of an application that allows users to chase small digital emojis around town while staring at a smart phone. You’re confident it’s the next big thing, and the opportunities to monetize are endless. The problem: you’re not

Boardroom PeopleAs Techweek kicks off in Chicago this week, it seems appropriate to discuss one of the most important first steps startups should take: securing protection of their intellectual property.

One of the most influential factors that play into the success of a startup is investment.  This is often thought of in financial terms, with investors contributing capital to the startup.  However, a startup’s investment in protecting its intellectual property is equally as important. There are several reasons why, but this post will focus on one significant point: Capital Investors Care.
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On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which amended the Economic Espionage Act of 1996 to create a federal civil remedy for trade secret misappropriation. lockThe DTSA governs misappropriations occurring after the effective date of May 11, 2016.

Although trade secret theft has been a federal crime since 1996, civil claims for trade secret misappropriation were almost always governed by state law. A corporation unable to establish a basis for federal jurisdiction was thus limited to state court. Although every state but two has adopted a variation of the Uniform Trade Secrets Act, these statutory variations and differing court interpretations created uncertainty in the application of trade secret law, an area of growing importance for companies increasingly dependent on electronic security.


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solar panels - energyOn April 20, 2016, the U.S. Senate passed the Energy Policy Modernization Act of 2016 (the Act) by a vote of 85-12. If signed into law, the bipartisan bill would impact manufacturing operations across industries by promoting energy efficiency; encouraging renewable energy development; facilitating improvements in infrastructure, including grid storage; removing certain hurdles to the development and export of oil and gas, critical minerals, and other resources; and making other changes intended to keep pace with the nation’s rapidly changing energy industry.

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safe moneyThe following is Part VI of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting will focus primarily on single parent/pure captives and how they might provide economic benefits for you or your food and agribusiness company. Part I, Part II, Part III, Part IV and Part V of the blog series are here.

This posting provides an overview of certain other considerations to forming a single parent or pure captive.    

PART VI – COSTS, EXPENSES AND OTHER CONSIDERATIONS IN FORMING A CAPTIVE

As any experienced business owner, executive or manager understands, risks, costs and expenses are associated with almost every business opportunity. The opportunities and benefits that may be realized through a single parent captive subsidiary are no different; they, too, are subject to costs and expenses.


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The following is Part V of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a safe moneycompany may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the one to follow will focus primarily on single parent/pure captives and how they might provide economic benefits for you or your food and agribusiness company. Part I, Part II, Part III and Part IV of the blog series are here.

This posting provides an overview of the benefits to a company and its shareholders or members of forming a single parent or pure captive.    

PART V – CERTAIN BENEFITS OF FORMING A SINGLE PARENT OR PURE CAPTIVE

After identifying the most salient risks facing a company (which should be a part of any company’s risk management function) management considering captive insurance should evaluate the following:


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safe moneyThe following is Part IV of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the two to follow will focus primarily on single parent/pure captives and how they might provide economic benefits for you or your food and agribusiness company. Part I,  Part II and Part III of the blog series are here.

This posting discusses the types of insurance coverage that may be effectively provided by a captive insurance subsidiary.    


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