Affirmative Defenses Compliance

News & Analysis as of

EPA Issues SIP Call to Eliminate SSM Defense

EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more

More Empty Words for an FCPA Compliance Defense

It is hard to understand why there are still advocates for an FCPA compliance defense. The issue is dead and gone, and is unlikely to come back in any form. I guess there are people who enjoy “zombie” movies – for the life of...more

FCPA Compliance and Ethics Report-Episode 12 with David Simon and Bill Athanas on adding a compliance defense to the FCPA [Video]

In this episode 12, David Simon, Bill Athanas and myself discuss whether a compliance defense should be added to the FCPA....more

May You Get What You Want: The Curse Of The FCPA Compliance Defense

Ed. Note – this week, I am pleased to join my colleagues David Simon, partner at Foley & Lardner LLP, and William ‘Bill’ C. Athanas, partner at Waller Lansden Dortch & Davis, LLP, in a tripartite debate on the efficacy of the...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Anti-Discrimination Reforms: The Proposed Harmonisation of Anti-Discrimination Laws

The Federal Government has released an exposure draft for a new Anti-Discrimination Bill, which proposes to harmonise, into a single statute, the Commonwealth’s anti-discrimination laws and the Australian Human Rights...more

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