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Advisory Opinions Department of Justice (DOJ)

Bass, Berry & Sims PLC

OIG Approves the Use of Gift Cards to Reward Customers' Marketing Efforts

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On January 3, the U.S. Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion 23-15, approving a physician practice consultant’s proposal to offer gift cards to its customers when...more

Mintz - Health Care Viewpoints

OIG Issues a Favorable Advisory Opinion on Vendor’s Offer of Gift Cards to Physician Practices for Recommending the Vendor’s...

The Office of Inspector General (OIG) started 2024 with a flurry of activity by issuing four new Advisory Opinions on January 3, 2024. In one of these Advisory Opinions, the OIG approved a vendor’s referral program that...more

American Conference Institute (ACI)

[Event] 5th National Forum on FARA - December 1st, National Harbor, MD

Hosted by American Conference Institute, the 5th National Forum on FARA returns for another exciting year with curated programming that will feature the most complex, high stakes FARA issues at the forefront. This event is...more

Wiley Rein LLP

DOJ Issues Several New FARA Advisory Opinions on Registration Triggers and Exemptions

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On October 3, the U.S. Department of Justice (DOJ) FARA Unit published a number of new advisory opinions (AOs) offering guidance and further insight on the Department’s interpretation of certain FARA registration triggers and...more

Rivkin Radler LLP

OIG Advisory Opinion Warns on IONM Company “Surgeon Deals”

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On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients...more

Snell & Wilmer

Federal Government's Broad Dismissal Authority in FCA Cases Confirmed in Polansky Ruling

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On Friday, June 16, 2023, the U.S. Supreme Court ruled in United States, ex rel. Polansky v. Executive Health Resources, Inc., that the federal government has authority to dismiss qui tam (or whistleblower) False Claims Act...more

Morrison & Foerster LLP

New Advisory Opinion Extends FARA to Online Networks and Service Providers

In an advisory opinion released last week by the U.S. Department of Justice (DOJ) Foreign Agents Registration Act (FARA) Unit, DOJ adopts a potentially expansive interpretation of FARA that could require online networks,...more

Mintz - Health Care Viewpoints

EnforceMintz — Significant 2022 Regulatory and Policy Developments

From an agency guidance and regulatory developments perspective, 2022 was fairly quiet until the latter part of the year. Consistent with past practice, the Office of Inspector General for the Department of Health and Human...more

Torres Trade Law, PLLC

Think Tanks May Need to Rethink FARA Registration

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When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more

Sheppard Mullin Richter & Hampton LLP

OIG Limits Pharmaceutical Manufacturers’ Ability to Offer Drug Cost-Sharing Subsidies

On October 5, 2022, the Office of Inspector General (“OIG”) posted Advisory Opinion No. 22-19 (the “Opinion”), which limits the ability of pharmaceutical manufacturers to offer cost-sharing subsidies to Medicare Part D (“Part...more

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | September 2022 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity between August 21 and September 20, 2022, including a guilty plea from a telemedicine physician who wrote prescriptions for...more

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | January - April 2022 Recap

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This special inaugural issue of McDermott’s Healthcare Regulatory Check-Up highlights noticeable enforcement activity, OIG regulatory developments, CMS regulatory developments and other key developments for healthcare...more

Vinson & Elkins LLP

Recent Guidance from DOJ on the Duress Defense to FCPA Liability

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In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its first Opinion Procedure Release (“OPR”) in over eight years, and perhaps responding to criticism from the business...more

Venable LLP

New FARA Advisory Opinions Put Nonprofits on Notice

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A flurry of recent advisory opinions from the Department of Justice’s FARA unit raise new questions about how the Foreign Agents Registration Act (FARA) might apply to the nonprofit community. Adding to the uncertainty, these...more

Hogan Lovells

DOJ issues rare FCPA advisory opinion regarding the extortion exception

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On January 21, 2022, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release (the “OPR” or “OPR 22-01”) addressing the rarely discussed extortion exception to the FCPA’s...more

Holland & Knight LLP

OIG Issues Favorable Advisory Opinion on Manufacturer-Provided Travel Assistance

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The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) on July 8, 2021, issued Advisory Opinion No. 21-08, a favorable opinion authorizing a manufacturer of gene therapy to provide...more

A&O Shearman

DOJ Issues FCPA Opinion Procedure Approving Legitimate Payments To Government Instrumentalities

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On August 14, 2020, the U.S. Department of Justice (“DOJ”) released its first Foreign Corrupt Practices Act (“FCPA”) Opinion (the “August 14 Opinion”) in six years, in response to a request from a multinational company...more

Eversheds Sutherland (US) LLP

The DOJ issues its first FCPA advisory opinion after six years of silence

On August 14, 2020, the US Department of Justice (the DOJ) issued its first Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release in six years, which relayed that it did not intend to pursue an enforcement action...more

ArentFox Schiff

Investigations Newsletter: DOJ Issues First FCPA Advisory Opinion Since 2014

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DOJ Issues First FCPA Advisory Opinion Since 2014 - On August 14, the DOJ issued its first advisory opinion on the Foreign Corrupt Practices Act (FCPA) in six years. The DOJ’s opinion release process allows companies to...more

McDermott Will & Emery

DOJ Issues Long-Awaited FCPA Advisory Opinion

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On August 14, 2020, for the first time in roughly six years, the US Department of Justice (DOJ) issued an advisory opinion regarding compliance with the Foreign Corrupt Practices Act (FCPA). More than two years ago, former...more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

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In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

Morgan Lewis - Health Law Scan

DOJ Issues Business Review Letter Greenlighting Expansion of Group Purchasing Arrangement to Cover Optometry Products

The US Department of Justice (DOJ) Antitrust Division issued a Business Review Letter (BRL) on January 15 in response to a proposal by the American Optometric Association (AOA) and AOAExcel GPO, LLC to expand their group...more

Epstein Becker & Green

Seeking Opinions on Potential Conduct from the Antitrust Division of the Department of Justice

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The Antitrust Division of the Department of Justice (“DOJ”) has a process that allows organizations to seek written opinions from the agency on whether proposed conduct will violate the antitrust laws. (The Federal Trade...more

Jones Day

CFTC Issues Advisory on Self-Reporting of Foreign Corrupt Practices for Non-Registrants

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The Advisory is part of the agency's broader commitment to provide "incentives for companies and individuals to engage in ethical corporate behavior." On March 6, 2019, the U.S. Commodity Futures Trading Commission...more

WilmerHale

An Introduction to the Foreign Agents Registration Act for Firms Assisting Foreign Clients in the United States

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After decades in which the Foreign Agents Registration Act (FARA) received relatively little attention, a confluence of recent events has given the statute newfound prominence. Together, these developments compound the...more

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