From investigating cybersecurity breaches to conducting discovery in civil litigation, the practice of digital forensics plays an essential role in many aspects of companies’ compliance, data protection, and risk management...more
2/3/2021
/ Best Practices ,
Cyberforensics ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Preservation ,
Data Protection ,
Data Storage ,
Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Evidence ,
Information Technology ,
Popular ,
Risk Management
What Is the Federal Trade Commission (“FTC”)?
The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...more
1/27/2021
/ Civil Investigation Demand ,
Competition ,
Consumer Fraud ,
Consumer Protection Laws ,
Criminal Investigations ,
Defense Strategies ,
Document Productions ,
Enforcement Authority ,
Failure to Comply ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internal Investigations ,
Subpoenas ,
Testimony ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more
1/20/2021
/ Business Operations ,
Civil Liability ,
Compliance ,
Corporate Counsel ,
Corporate Investigations ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Liability ,
Cross-Border Transactions ,
Due Diligence ,
Fraud Prevention ,
Internal Controls ,
Internal Investigations ,
Reputation Management ,
Risk Management ,
Third-Party Risk
Compliance is a top legal concern for companies in all industries. From adequately protecting customer and employee data to avoiding allegations of bribery and fraud, compliance can mean different things under different...more
In today’s world, companies in various industries are increasingly running into issues that have national security implications. Research universities and other academic institutions can face issues involving national...more
1/6/2021
/ Bribery ,
Corruption ,
Cross-Border Transactions ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Defense Sector ,
Educational Institutions ,
Employees ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Investment ,
Foreign Nationals ,
Imports ,
International Data Transfers ,
National Security ,
Screening Procedures ,
Software ,
Students ,
Universities
When the COVID-19 crisis struck in early 2020, the immediate need for mass quantities of personal protective equipment (PPE) resulted in major supply shortages that made headlines across the country. As suppliers scrambled to...more
12/28/2020
/ Coronavirus/COVID-19 ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Fraud ,
Health and Safety ,
Health Care Providers ,
Medical Supplies ,
Personal Protective Equipment ,
Price Gouging ,
Suppliers ,
Supply Chain
Civil investigative demands (“CIDs”) are powerful tools used by state and federal agencies to gather information that will be used to investigate and prosecute individuals, corporations, physicians, and executives, etc. for...more
12/15/2020
/ Burden of Proof ,
Civil Investigation Demand ,
Data Preservation ,
Defense Strategies ,
Discovery ,
Document Productions ,
Document Requests ,
Evidence ,
Investigations ,
Settlement Negotiations ,
Testimony
Most health care providers have at least a basic understanding of the Anti-Kickback Statute. This federal law prohibits providers from offering, paying, soliciting, or accepting any form of “remuneration” for patient...more
12/11/2020
/ Anti-Kickback Statute ,
Civil Liability ,
Clinical Laboratories ,
Criminal Liability ,
Criminal Penalties ,
Eliminating Kickbacks in Recovery Act of 2018 (EKRA) ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Medicaid ,
Medicare ,
Medicare Part D ,
Noncompliance ,
Patient Referrals ,
Physicians ,
Policies and Procedures ,
Stark Law
As a doctor, allegations of medical malpractice or other unlawful or unethical conduct can have wide-ranging implications. In addition to facing civil liability and the prospect of a significant increase in your medical...more
11/11/2020
/ Administrative Law Judge (ALJ) ,
Defense Strategies ,
Health Care Providers ,
Healthcare Fraud ,
License Suspensions ,
Licensing Boards ,
Medical License ,
Medical Malpractice ,
Physicians ,
Professional Disciplinary Actions ,
Professional Misconduct ,
Revocation ,
Settlement
The DEA struggles to balance the pressing need to provide pain relief for those suffering from the novel coronavirus with the ongoing effort to reduce the opioid epidemic in the United States.
I. Overview on the DEA and the...more
11/5/2020
/ Controlled Substances ,
Controlled Substances Act ,
Coronavirus/COVID-19 ,
DEA ,
Manufacturers ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Health ,
Schedule I Drugs ,
Substance Abuse ,
Supply Chain
For public and private companies in all industries, the risk of being targeted in a U.S. Securities and Exchange Commission (SEC) investigation is a very real concern. As new and innovative securities offerings continue to be...more
10/24/2020
/ Celebrity Endorsements ,
Compliance ,
Defense Strategies ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Fraud ,
Government Investigations ,
Influencers ,
Initial Coin Offering (ICOs) ,
Initial Exchange Offering (IEO) ,
Investment Fraud ,
Popular ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Scams ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Tokens ,
Securities Violations ,
Structured Financial Products ,
Virtual Currency
Tips on Preparing to Defend Against Allegations of SBA Loan Fraud During the COVID-19 Crisis -
Federal emergency relief legislation—including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”)—has...more
8/28/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Criminal Conspiracy ,
Criminal Investigations ,
Defense Strategies ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
FBI ,
Fraud ,
Identity Theft ,
Indictments ,
IRS ,
Loans ,
Mail Fraud ,
Misrepresentation ,
Paycheck Protection Program (PPP) ,
Risk Assessment ,
Risk Mitigation ,
SBA ,
Small Business ,
Small Business Loans ,
Tax Evasion ,
Wire Fraud
Compliance is a key aspect of operating a successful pharmacy in the United States. This is true for pharmacies that bill federal healthcare benefit programs (i.e. Medicare, Medicaid, and Tricare) and private payors, and it...more
8/3/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Compliance ,
Controlled Substances Act ,
DEA ,
DSCSA ,
Federal Trade Commission (FTC) ,
GINA ,
Health Insurance ,
Medicaid ,
Medical Billing Codes ,
Medicare ,
Pharmacies ,
Pharmacist ,
Pharmacy Benefit Manager (PBM) ,
Policies and Procedures ,
Risk Mitigation ,
TRICARE
Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more
7/29/2020
/ Balancing Test ,
China ,
China Initiative ,
Controlled Foreign Corporations ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Discovery Disputes ,
Document Productions ,
Economic Espionage Act ,
Evidentiary Standards ,
Failure To Disclose ,
Federal Grants ,
Federal Rules of Criminal Procedure ,
Foreign Governments ,
Foreign Jurisdictions ,
Foreign Nationals ,
Foreign State Compulsion Doctrine ,
Hague Convention ,
Intellectual Property Protection ,
International Litigation ,
Medical Research ,
National Institute of Health (NIH) ,
National Security ,
Popular ,
Research and Development ,
Scientific Research ,
Theft ,
Trade Secrets ,
Trade Wars
- A tone-at-the-top business culture with CEO leadership is a critical component of effective anti-corruption and anti-bribery policy implementation.
- CEO leadership helps set an example for lower management and company...more
7/24/2020
/ Anti-Bribery ,
Anti-Corruption ,
CEOs ,
CFTC ,
Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Due Diligence ,
Duty to Preserve ,
Employee Training ,
Ethics ,
Failure to Comply ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Audit Functions ,
Leadership ,
Meals-Gifts-and Entertainment Rules ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Tone At The Top
While there has been a lot of controversy in the media surrounding the Paycheck Protection Program (PPP), there is no question that the program has served as an invaluable lifeline to many small and medium-sized businesses...more
7/16/2020
/ Audits ,
Bank Fraud ,
Business Ownership ,
CARES Act ,
Civil Liability ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
Fraud ,
Government Investigations ,
IRS ,
Paycheck Protection Program (PPP) ,
Penalties ,
SBA ,
Small Business Loans ,
Tax Evasion ,
Treble Damages ,
Wire Fraud
How much of the Paycheck Protection Program (“PPP”) will end up in the hands of bad actors? With several hundreds of billions of dollars in the PPP bucket, fraud, misuse, and misdirection of funds is already being identified...more
7/13/2020
/ Bad Actors ,
CARES Act ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
FBI ,
Federal Loans ,
Foreign Financial Accounts ,
Fraud ,
Fraudulent Transfers ,
Government Investigations ,
Identity Theft ,
Law Enforcement ,
Loan Applications ,
Misuse or Misdirection of Funds ,
Offshore Funds ,
Paycheck Protection Program (PPP)