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DEI Executive Order Implies Threat of FCA Litigation

On January 21, 2025, the Trump Administration issued Executive Order 14173 focused on diversity, equity and inclusion (“DEI”) programs and their use in the public and private sectors. This Executive Order links compliance...more

The False Claims Act: How a Recent Decision Rejecting Qui Tam Lawsuits May Affect Enforcement

For over 160 years, the False Claims Act has let people bring claims on behalf of the U.S. government alleging fraud. In exchange, those individuals receive a portion of any recovery. In September, a federal district judge...more

FTC Targets Unfair or Deceptive AI Practices With Five New Enforcement Actions

The FTC recently announced five enforcement actions against companies that use or sell artificial intelligence (AI) tools that could deceive or harm consumers. With these actions, the FTC announced a new law enforcement sweep...more

DOJ Updates Corporate Compliance Guidance, Takes Aim at AI, Emerging Technologies, and Data Analytics

Last week, the U.S. Department of Justice (DOJ) released an updated version of its Evaluation of Corporate Compliance Programs (ECCP) guidance, with key updates reinforcing the DOJ’s focus on the risks associated with...more

Life Sciences and Health Care Companies Under the Competition Microscope: New Cross-Government Initiatives Seek to Expose...

U.S. antitrust enforcers launched a flurry of initiatives in the first half of 2024 to identify and prevent antitrust and other violations in life sciences and health care. Among these are two cross-agency Requests for...more

AI Washing Enforcement Continues, Highlighting Risks to Companies and Investors

Last month, the U.S. Securities and Exchange Commission (“SEC”) expanded its “war” on AI fraud to include private market participants, filing securities fraud charges against Ilit Raz, founder and former CEO of defunct AI...more

AI Washing: SEC Enforcement Actions Underscore the Need for Companies to Stick to the Facts on Artificial Intelligence

The SEC settled charges last week against two investment advisers for making false and misleading statements about their purported use of artificial intelligence (AI), including claims that AI was used to inform investment...more

Health Care Compliance: New Federal Guidance Seeks a Modernized Approach and Shows OIG’s Specific Interest in Private Equity and...

The Department of Health and Human Services Office of Inspector General (HHS-OIG) has issued new general compliance program guidance, marking the first time the agency has released this type of “reference guide for the health...more

DOJ Safe Harbor Policy for Mergers & Acquisitions Encourages Voluntary Disclosure

The Department of Justice (DOJ) recently unveiled a policy for voluntary disclosure of misconduct in mergers and acquisitions (M&A).  This is another in a series of recent initiatives relating to corporate compliance,...more

Assessing Risk to Bolster Compliance: Key Questions to Ask

An effective compliance program evolves with risk, and changes in the market are an important part of assessing risk. Given the unprecedented, rapid changes in the business landscape – internal and external – companies should...more

Supreme Court to Decide Critical Issue in False Claims Act Case

The U.S. Supreme Court recently agreed to hear two cases on the key question of when a defendant can be found to have “knowingly” violated the False Claims Act (FCA).  This sets the stage for a potential landmark FCA decision...more

The DOJ’s Focus on Clinical Trial Enforcement: An Ounce of Prevention Is Better Than an Enforcement Action Cure

In early April, the U.S. Department of Justice (DOJ) Civil Division’s Consumer Protection Branch (CPB) published its first-ever “Recent Highlights” report. The report provides background on the CPB, highlights from its recent...more

FinCEN Urges Financial Institutions to Focus on Detecting Proceeds of Foreign Public Corruption

The Financial Crimes Enforcement Network (“FinCEN”) recently issued an advisory urging financial institutions (including certain cryptocurrency businesses) to implement controls to help detect proceeds of foreign public...more

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