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What You Need to Know about the Corporate Transparency Act Notice of Proposed Rulemaking

On December 7, 2021, the Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (“NPRM”) to establish regulations that will implement the Corporate Transparency Act (“CTA”). This rulemaking is...more

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

DOJ Seeks to Toughen its Corporate Criminal Enforcement Policies

On October 28, 2021, Deputy Attorney General Lisa Monaco announced three changes to the Department of Justice’s (DOJ) approach to corporate criminal enforcement. Monaco announced the changes during the Keynote Address at the...more

OIG Issues Report Suggesting Medicare Advantage Companies Perform Chart Reviews and Health Risk Assessments to Drive Higher...

On September 20, 2021 the Office of the Inspector General of the U.S. Department of Health and Human Services (OIG) issued a report suggesting that certain Medicare Advantage (MA) companies were leveraging chart reviews and...more

Rising Importance of Sub-Regulatory Guidance in False Claims Act Cases

On July 1, 2021, United States Attorney General Merrick Garland rescinded the Brand Memorandum and the Sessions Memorandum, which directed Department of Justice (DOJ) attorneys to refrain from using agency guidance to bring...more

Latest Open Payments Data Released Under Heightened Government Scrutiny

On June 30, 2021, the Centers for Medicare & Medicaid (CMS) released Open Payments data for the past year, 2020. This new data publication comes amid heightened government scrutiny of payments by drug and medical device...more

Supreme Court Limits the Scope of Computer Fraud & Abuse Act

On June 3, 2021, the U.S. Supreme Court significantly narrowed the scope of the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States. In this closely watched case, the Court decided when a person “exceeds...more

The New Face of COVID-19 Fraud Enforcement: An Inter-Agency Task Force

On May 17, 2021, Attorney General Merrick Garland announced a new, inter-agency task force led by Deputy Attorney General Lisa Monaco to address fraud related to the COVID-19 pandemic (COVID-19 Task Force). According to DOJ’s...more

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