As the SEC has recently completed its fiscal year on September 30, 2021, where it pushed its enforcement initiatives under new Chairman Gary Gensler, a brief overview of its recent track record is in order. No one can now...more
Turning a battleship even slightly creates a large wake, not unlike the enforcement waters that have been churning recently at the Securities and Exchange Commission (SEC). The new agency head, Gary Gensler, was formerly an...more
Earlier this summer, the Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance. As the recent updates make clear, one of the hallmarks of an effective corporate compliance program is the...more
Earlier this month, the Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance. The updated guidance does not suggest that corporations will be rewarded for deemphasizing or not...more
Congressional activity is already underway to begin oversight related to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Based on historical trends and the current political environment, oversight and...more
Because of the December 30, 2019 decision of the Second Circuit Court of Appeals in United States v. Blaszczak, prosecutors appear to have an easier task sustaining insider trading cases under alternatives to Title 15...more
In Part 3 of this series of Client Alerts, we conclude by offering practical advice for reporting companies about how to assess and respond to certain risks when considering their disclosure obligations....more
In the first part of this series of Client Alerts, we addressed some of the background issues associated with the Commission's enforcement action against Mylan N.V. that followed the large generic drug company's settlement of...more
Overview -
Publicly-traded companies that operate in highly regulated industries, such as in the health care sphere, often face difficult decisions about what information (if any) they should disclose to investors and...more
On November 5, 2019, Antitrust Division Assistant Attorney General Makan Delrahim announced the creation of a joint law enforcement task force to combat antitrust crimes and other fraudulent schemes impacting government...more
For years the Antitrust Division of the Department of Justice resisted, in contrast to the Criminal Division, considering and awarding credit for companies' "robust" compliance programs....more
In Part 1 of this article series, we looked at duties and opportunities for government contractors to investigate and report fraudulent or criminal conduct within their organizations or voluntarily disclose and cooperate to...more
Recent Department of Justice (DOJ) pronouncements, as well as older Federal Acquisition Regulation (FAR) requirements, present both duties and opportunities for government contractors to investigate and report fraudulent or...more
The U.S. Justice Department has updated its "Evaluation of Corporate Compliance Programs," a guidance document detailing topics and questions prosecutors should weigh when determining whether a company has demonstrated...more
5/29/2019
/ Ambulatory Surgery Centers ,
Board of Directors ,
Compliance ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Disciplinary Proceedings ,
Ethics ,
Government Investigations ,
Health Care Providers ,
Hospitals ,
Internal Audit Functions ,
Internal Investigations ,
Long Term Care Facilities ,
Nursing Homes ,
Physicians ,
Tone At The Top
On May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new Department of Justice policy that "encourages coordination among Department components and other enforcement agencies when imposing multiple penalties" in...more
In early April 2018, the Antitrust Division of the U.S. Department of Justice (DOJ) settled allegations against Knorr-Bremse AG and Wabtec, manufacturers of rail equipment. The claims involved a "no-poach" agreement barring...more
Courts have been split as to whether the 2010 Dodd-Frank Act protected both employees reporting misconduct only to company management as well as those also reporting issues to the U.S. Securities and Exchange Commission...more
The United States Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. governmental agency tasked with administering and enforcing economic sanctions against hostile targets in furtherance of U.S....more
In a seminal trial court decision, the federal court in the Northern District of California ruled in a whistleblower retaliation case that a fired general counsel of Bio-Rad Laboratories could use as evidence otherwise...more
The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published two rules on December 7, 2016, updating certain existing safe harbor regulations, adding new safe harbor rules under...more
12/16/2016
/ Civil Monetary Penalty ,
Department of Health and Human Services (HHS) ,
FQHC ,
Health Care Providers ,
Medicare ,
Medicare Advantage Organizations (MAOs) ,
Medicare Part B ,
OIG ,
Pharmacies ,
Remuneration ,
Rural Areas ,
Safe Harbors
On October 20, 2016, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) issued a joint Antitrust Guidance for Human Resources Professionals to address antitrust issues associated with...more
Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Justice (DOJ), Federal Trade Commission (FTC) and other agencies have raised the maximum civil penalties (CMPs) for legal...more
In light of the June 16, 2016, opinion of the United States Supreme Court in Universal Health Services, Inc. v. United States ex. rel. Escobar, government contractors can face liability in certain instances under the federal...more