In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more
11/15/2023
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Consumer Protection Laws ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Drug Pricing ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Fraud ,
Merger Reviews ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Webinars
Of the $2.2 billion in False Claims Act (FCA) settlements and judgments that the Department of Justice (DOJ) reported in fiscal year 2022, $1.7 billion related to matters involving the health care industry. That staggering...more
6/26/2023
/ Best Practices ,
Chevron Deference ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Kickbacks ,
Physicians ,
Split of Authority ,
Webinars
In FY 2018, the federal government won or negotiated more than $2.3 billion in healthcare fraud judgments and settlements. During that same period, investigations conducted by the Department of Health and Human Services’...more
10/3/2019
/ Anti-Kickback Statute ,
Best Practices ,
Civil Liability ,
Civil Monetary Penalty ,
Continuing Legal Education ,
Criminal Liability ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Fraud and Abuse ,
Government Investigations ,
Health Care Providers ,
Health Insurance ,
Health Plan Sponsors ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Medicare Advantage ,
OIG ,
Physicians ,
Webinars ,
Wellness Programs ,
White Collar Crimes
Supreme Court Limits SEC’s Disgorgement Power -
Why it matters: On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for...more
Retailers Prevail Over Pharmacy Customers in California Tax Suit -
Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 &...more
4/3/2017
/ Amazon ,
Article III ,
Class Action ,
Credit Reports ,
Deceptive Intent ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Immigration Procedures ,
Nike ,
Pharmacies ,
Popular ,
Rest and Meal Break ,
Retailers ,
Sales Tax ,
Standing ,
Tax Code ,
Wage and Hour
Spotlight on the False Claims Act -
Why it matters: This month we discuss two interesting court cases involving the False Claims Act (FCA). On April 19, 2016, the Supreme Court heard oral argument in Universal Health...more
5/9/2016
/ CFTC ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fannie Mae ,
Freddie Mac ,
Luis v United States ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
Eye on the Courts—Recent Opinions and Rulings of Note -
Why it matters: From a white collar and securities fraud standpoint, there has been a lot of noteworthy activity in the courts of late. The Supreme Court granted...more
2/27/2016
/ Acquittals ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Banks ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Derivatives ,
Enforcement Actions ,
False Claims Act (FCA) ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Insider Trading ,
Libor ,
Market Manipulation ,
Mary Jo White ,
Money Laundering ,
OCIE ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stark Law ,
Swiss Banks
The FCPA in 2016: DOJ and SEC Focus on International Cooperation and Investigation of Individuals -
Why it matters: As we reported in our December 2015 newsletter, both SEC Enforcement Director Andrew Ceresney and DOJ...more
1/22/2016
/ Anti-Money Laundering ,
Criminal Prosecution ,
Department of Financial Services ,
Department of Justice (DOJ) ,
EB-5 ,
Enforcement Actions ,
False Claims Act (FCA) ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
RMBS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
Why it matters: On September 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memo to all DOJ department heads and U.S. Attorneys which detailed the Government's new policy centered on accountability for the...more
9/22/2015
/ C-Suite Executives ,
Cooperation ,
Corporate Crimes ,
Corporate Veil ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Government Investigations ,
Individual Accountability ,
Internal Investigations ,
Leniency Programs ,
Personal Liability ,
Policy Statement ,
Professional Misconduct ,
Statute of Limitations ,
White Collar Crimes ,
Yates Memorandum
No Dog Days of August for the SEC—A Recap of a Busy Month -
Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more
9/9/2015
/ Administrative Proceedings ,
Anti-Bribery ,
Anti-Money Laundering ,
Asset Seizure ,
Attorney-Client Privilege ,
Avon ,
Bank of New York (BNY) Mellon ,
Bank Secrecy Act ,
Breach of Duty ,
Bribery ,
Citigroup ,
Compliance ,
Confidential Information ,
Criminal Conspiracy ,
Criminal Prosecution ,
Dark Pool ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exigent Circumstances ,
False Claims Act (FCA) ,
Fiduciary Duty ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Official ,
Hackers ,
Hedge Funds ,
Insider Trading ,
Internal Controls ,
Internal Investigations ,
Investment Adviser ,
JPMorgan Chase ,
KBR (formerly Kellogg Brown & Root) ,
NYDFS ,
Office of Foreign Assets Control (OFAC) ,
Probable Cause ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Swiss Banks ,
Warrants ,
Wells Fargo ,
Wire Fraud ,
Work-Product Doctrine ,
Writ of Mandamus
Are the Circuits A-Splitting? The Ninth Circuit Declines to Follow the Second Circuit's Insider Trading Decision in U.S. v. Newman -
Why it matters: On July 6, 2015, the Ninth Circuit in U.S. v. Salman declined to...more
8/6/2015
/ Anti-Retaliation Provisions ,
Breach of Duty ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Derivatives ,
Disgorgement ,
Dodd-Frank ,
Employment Contract ,
Enforcement Actions ,
Fair Market Value ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Foreign Corrupt Practices Act (FCPA) ,
Forfeiture ,
Fund Expenses ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Insider Trading ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Legal Advice Privilege ,
Personal Benefit ,
Personally Identifiable Information ,
Physician Compensation Arrangements ,
Physicians ,
Popular ,
Prejudgment Interest ,
Private Equity ,
Qui Tam ,
Relators ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Stark Law ,
Startups ,
Swiss Banks ,
Tuomey ,
Whistleblower Awards ,
Whistleblowers
The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? -
Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing...more
7/1/2015
/ Attorney-Client Privilege ,
Banks ,
Bribery ,
Compliance ,
Department of Justice (DOJ) ,
Due Process ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Lululemon ,
Money Laundering ,
Popular ,
Racketeering ,
Securities and Exchange Commission (SEC) ,
Soccer ,
Wal-Mart ,
Wire Fraud
It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers -
Why it matters: On April 1, 2015, the SEC announced its...more
4/22/2015
/ Confidentiality Agreements ,
Employer Liability Issues ,
Enforcement Actions ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Material Misstatements ,
Omnicare v Laborers District Council ,
Registration Statement ,
Rule 21F ,
SCOTUS ,
Section 11 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies
The SEC’s Settlement with Goodyear: A Cautionary Tale -
Why it matters: In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two...more
3/20/2015
/ Bank Secrecy Act ,
Bribery ,
Choke Point ,
Commerzbank ,
Department of Labor (DOL) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Goodyear ,
Pharmaceutical Industry ,
RICO ,
Securities and Exchange Commission (SEC) ,
TPPPs