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[Webinar] Addressing DOJ’s New Compliance Focus on Executive Compensation - April 20th, 2:00 pm - 3:00 pm ET

The new compliance focus on executive compensation, as announced by the US Department of Justice (DOJ) on March 3, 2023, has significant implications for how healthcare organizations address both corporate compliance and...more

Governing Health 2022: Key Agenda Items for Board Committees - Supporting Committee Effectiveness in a Changing Environment

COVID-19 has not only accelerated dramatic shifts within the healthcare industry, but it has also become a catalyst for change in workforce strategies. In this special report, McDermott Partner Michael Peregrine offers...more

Checklists for Your Board's Executive Compensation Committee

What questions should a governing board’s executive compensation committee ask itself? According to this August 2021 e-book edited by McDermott Partner Michael Peregrine, committee members should regularly ask themselves...more

Top Takeaways: New Steps for Compliance: A Closer Look at the DOJ’s Revised Corporate Compliance Program

The US Department of Justice’s (DOJ) revised compliance program document “The Evaluation of Corporate Compliance Programs,” released June 1, 2020, helps organizations understand how DOJ evaluates compliance programs for...more

[Webinar] New Steps for Compliance: A Closer Look at DOJ’s Revised Corporate Compliance Guide - June 11th, 12:00 pm - 1:00 pm EST

On June 1, 2020, the Criminal Division of the Department of Justice (DOJ) issued updates to its “Evaluation of Corporate Compliance Program” guidance. This update reflects the agency’s evolving views on compliance program...more

[Webinar] Hospital & Health System Recovery: Addressing Economic Distress and Identifying Growth Opportunities - May 27th, 12:00...

With COVID-19 applying financial pressures on hospitals and health systems of all sizes and geographic reach, the road to recovery presents a variety of challenges. However, the need to restructure and address financial and...more

The Long-Term Impact of COVID-19 on Corporate Governance

This Governing Health series examines how traditional governance practices may change and how boards of directors can position themselves to proactively support their organizations now and as they recover from the COVID-19...more

Board Financial Oversight Responsibilities During Pandemic-Driven Distress

The extraordinary pandemic-based financial challenges impacting hospitals, health systems and other providers as a result of the Coronavirus (COVID-19) should prompt boards to re-evaluate focus on their duty to monitor the...more

Revisiting Executive and Board Succession Planning in Response to the Pandemic

Sixth in a series of updates on how the pandemic is informing basic elements of governance. Boards should reconsider the scope of their primary and emergency executive and board succession practices to reflect circumstances...more

Assuring Appropriate Information Flow to the Risk and Compliance Committees

Fifth in a series of updates on how the pandemic is informing basic elements of governance. For most sophisticated health systems, the operative assumption is that, without regard to the pandemic, their boards have adopted a...more

Emergency State Action Affecting Board Processes And Corporate Filings

Fourth in a series of updates on how the pandemic is implicating basic elements of governance. General counsel should be alert to emergency actions that states are taking to provide temporary relief for certain board...more

Virtual Board Meetings in Times of Crisis

Third in a series of updates on how the pandemic is implicating basic elements of governance. We’re quickly become a “Zoom Meeting Nation” when it comes to corporate board meetings. At a time when it is practically...more

The Executive Committee in Times of Crisis

Second in a series of updates on how the pandemic is implicating basic governance topics. The role and operation of the board executive committee has been highlighted by the current pandemic-driven crisis...more

Healthcare Board COVID-19 Oversight Checklist

The extraordinary consequences of the Coronavirus (COVID-19) crisis calls healthcare boards to exercise greater engagement with both the affairs of the company and the portfolio of the executive team. Click to access 10 key...more

Corporate Authority for Extraordinary Delivery of Care Decisions

Healthcare providers facing emergency requests from government agencies in response to the Coronavirus (COVID-19) crisis — including critical issues such as transfers of COVID-19 patients, opening closed facilities and...more

Corporate Law & Governance Update - March 2020

BLACK SWANS AND WHITE ELEPHANTS - A recent essay from the National Association of Corporate Directors (NACD) provides useful guidance on how boards may prepare themselves for risks associated with external...more

Corporate Law & Goverance Update - January 2020

Given evolving Delaware law, understanding the difference between “risk oversight” and “risk management” is an increasingly important board task. In the Marchand and Clovis decisions, the Delaware courts sent an important...more

Corporate Law & Governance Update - November 2019

LAWYER SPOTLIGHT ON CORPORATE PURPOSE - Board and executive leadership of large nonprofit health systems should note evolving trends concerning corporate social responsibility (CSR), corporate purpose and corporate...more

Corporate Law & Governance Update - July 2019

IMPACT OF EQUIFAX, FACEBOOK SETTLEMENTS - Health care industry boards should give close attention to the governance implications of recent privacy settlements entered into by Equifax and Facebook. Their unique facts...more

International Legal Highlights - July 2019

FCPA UPDATES FOR GLOBAL COMPANIES - In recent months, the US Department of Justice (DOJ) has issued important guidance for global companies on corporate compliance programs and the Foreign Corrupt Practices Act (FCPA)...more

Corporate Law & Governance Update - June 2019

AHA GOVERNANCE SURVEY - The governance and board development committee will benefit from an overview of the American Hospital Association (AHA) 2019 National Heath Care Governance Survey Report, which describes a...more

Corporate Law & Governance Update - May 2019

IMPORTANT BOARD COMPOSITION DEVELOPMENT - The board’s nominating committee will benefit from an overview of The Conference Board’s important new survey on board composition, turnover and refreshment. According to the...more

DOJ Guidance on Evaluation of Corporate Compliance Programs: Key Takeaways

Boards and management should make use of recent expanded guidance from the US Department of Justice to ensure that their compliance programs are considered “effective” if and when an investigation arises. Companies should...more

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