Introduction -
Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more
Introduction -
Over the first quarter of this year, the Department of Justice announced notable policy changes for corporate compliance programs. These policy changes are particularly relevant to in-house counsel who may...more
Last year, the Department of Justice (DOJ) unveiled its Civil Cyber-Fraud Initiative, intended to ensure compliance, by leveraging the False Claims Act (FCA), with contractual cybersecurity requirements applicable to...more
Introduction -
Earlier this month, the Department of Justice (DOJ) announced the launch of its Civil Cyber-Fraud Initiative, aimed to combat cyber threats to the security of U.S. infrastructure. The initiative combines the...more
Introduction -
Last year saw a significant increase in whistleblower reports to the Securities and Exchange Commission (SEC). The SEC reportedly received 35% more tips, complaints, and referrals for investigation between...more
Corporate counsel and their clients exchange confidential communications daily. Included in these exchanges are assumptions about what is and what will remain attorney-client privileged. For in-house counsel, communications...more
Following past national economic emergencies, the government and whistleblowers have initiated federal False Claims Act actions against recipients of government funding....more
As the coronavirus pandemic affects the normal way of life across the country, federal prosecutors and investigative agencies have begun establishing initiatives to investigate and combat fraudulent schemes related to the...more
Government contractors are no strangers to the numerous quality standards and assurances required by the government. Over the past several years, cybersecurity in federal contracting has emerged as yet another standard to...more
1/14/2020
/ Anti-Retaliation Provisions ,
Cisco ,
Cybersecurity ,
Data Protection ,
Department of Defense (DOD) ,
Enforcement Actions ,
Failure to Comply ,
False Claims Act (FCA) ,
Federal Contractors ,
Hackers ,
Popular ,
Regulatory Requirements ,
Regulatory Standards ,
Retaliation ,
Risk Management ,
Security Risk Assessments ,
Settlement Agreements ,
Surveillance ,
Vulnerability Assessments ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
In a long-awaited decision, the Eleventh Circuit concurred with the lower court’s standard for determining falsity under the False Claims Act (FCA) — reasonable disagreement between medical experts alone is not enough to...more
9/12/2019
/ Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Medicare ,
Physicians ,
Terminal Illness Treatments ,
Whistleblowers
In Part I of this series, we discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses, and, if so, the specific requirements that would apply to...more
We previously discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses and, if so, the specific requirements that would apply. We noted that even if...more
The Americans with Disabilities Act (ADA) has is most commonly thought of as prohibiting workplace discrimination against individuals with disabilities and requiring the elimination of physical barriers to public locations. ...more
What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more
Last week, the Florida First District Court of Appeal issued a decision of first impression confirming the controlling role that the Attorney General’s office plays in the life, or death, of a whistleblower action in Florida....more
The Financial Crimes Enforcement Network (FinCEN) is again flexing its regulatory muscles by increasing the breadth and scope of the types of entities regulated by the Bank Secrecy Act (BSA). Among other things, the BSA...more
New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies...more
Increased anti-money laundering (AML) regulation enforcement by federal and state agencies in recent months should have financial institutions across the country reviewing and strengthening their in-house AML policies and...more
5/12/2015
/ Accounting Fraud ,
Anti-Money Laundering ,
BSA/AML ,
Commerzbank ,
Compliance ,
Department of Justice (DOJ) ,
DPA ,
Financial Institutions ,
FinCEN ,
First National ,
Germany ,
International Emergency Economic Powers Act (IEEPA) ,
OCC ,
Sanctions ,
Sudan ,
Suspicious Activity Reports (SARs) ,
Terrorist Financing Regulations ,
White Collar Crimes