The U.S. Department of Justice’s ("DOJ") Criminal Division recently issued a memorandum outlining a shift in the DOJ’s priorities and policies for prosecuting white-collar crime (the “Memorandum”). Issued by the Head of the...more
5/23/2025
/ Criminal Investigations ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Fraud and Abuse ,
Healthcare Fraud ,
Tariffs ,
Trump Administration ,
Waste ,
Whistleblowers ,
White Collar Crimes
As noted in our last two client alerts, the issue as to who should be the watchdog to protect consumer personal data is coming to a head in the chapter 11 bankruptcy cases of 23andMe Holding Co and its affiliated debtors...more
4/14/2025
/ 23andMe ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Debtors ,
Ombudsman ,
Personal Information ,
Privacy Laws ,
State Privacy Laws ,
Texas
The chapter 11 bankruptcy cases of 23andMe Holding Co. and its affiliated debtors (collectively, “23andMe”), the company that provides direct-to-consumer genetic testing and ancestry services, has prompted a wave of panicked...more
3/28/2025
/ 23andMe ,
Bankruptcy Code ,
California Consumer Privacy Act (CCPA) ,
Chapter 11 ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Genetic Testing ,
Privacy Laws ,
Privacy Policy
On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services...more
2/5/2025
/ Compliance ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Investors ,
New Regulations ,
Popular ,
Private Equity ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
REIT ,
Reporting Requirements ,
Risk Management
We kick off our annual Year in Preview series with a comprehensive look at health care fraud enforcement in 2025. This post proceeds in three parts. First, we explore what the second Trump administration might bring, looking...more
1/13/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare Fraud ,
Medicare ,
Medicare Advantage ,
White Collar Crimes
Courts continue to reject aggressive Anti-Kickback Statute (“AKS”) allegations. Most recently, on January 6, 2025, Judge Patti Saris of the U.S. District Court for the District of Massachusetts dismissed a qui tam action...more
1/8/2025
/ Anti-Kickback Statute ,
Causation ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Medicare ,
Statutory Interpretation ,
Summary Judgment ,
Whistleblowers ,
White Collar Crimes
On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of...more
10/16/2024
/ Competition ,
Competitive Bidding ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Energy Policy ,
Energy Sector ,
Fraud ,
Internal Investigations ,
Policies and Procedures ,
White Collar Crimes
The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more
7/3/2024
/ Anti-Corruption ,
BlackRock ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Tennessee
On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and...more
This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year...
The government had another busy year in 2023 investigating and prosecuting health...more
4/11/2024
/ CARES Act ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Opioid ,
Paycheck Protection Program (PPP) ,
Telemedicine ,
White Collar Crimes
In a March 2024 decision, the U.S. Bankruptcy Appellate Panel for the First Circuit (the “Panel”) followed existing case law prohibiting debtors in businesses related to cannabis from availing themselves of federal bankruptcy...more
4/10/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Plans ,
Bankruptcy Preferences ,
Chapter 11 ,
Chapter 13 ,
Chapter 7 ,
Commercial Bankruptcy ,
Contested Proceedings ,
Creditors ,
Debtors
This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
2/27/2024
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement Actions ,
Final Rules ,
Insider Trading ,
Popular ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
The SuperValu case arose from separate lawsuits against two companies that operate retail drug pharmacies across the country: SuperValu Inc. and Safeway, Inc. In each case, a whistleblower – on behalf of the federal...more
6/6/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Oral Argument ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Reasonable Interpretations ,
Safeco ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
This is the eighth part in our 2023 series examining important trends in white collar law and investigations. Up next: anti-corruption.
The tumultuous crypto events of 2022, combined with the heightened agency and executive...more
3/1/2023
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Enforcement Actions ,
Financial Markets ,
Legislative Agendas ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Token Sales
This is the fourth part in our 2023 series examining important trends in white collar law and investigations. Up next: SEC.
Last year, as we laid out the landscape for congressional investigations in 2022, we noted that...more
2/23/2023
/ China ,
Competition ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Environmental Social & Governance (ESG) ,
Government Entities ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Investigations ,
Private Sector ,
Technology Sector ,
Vaccinations ,
White Collar Crimes
Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement...more
11/15/2022
/ Compliance ,
Corporate Counsel ,
Corporate Integrity Agreement ,
Data Preservation ,
Data Retention ,
Department of Justice (DOJ) ,
Google ,
Regulatory Requirements ,
Search Warrant ,
Settlement ,
Stored Communications Act
Text messaging is convenient. It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. ...more
10/12/2022
/ Broker-Dealer ,
CFTC ,
Compliance ,
Confidential Communications ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Penalties ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Texting
Please join us for a discussion and Q&A regarding the growing threat of business email compromises (a.k.a. man-in-the-middle attacks). Attorneys Chris Hart and Yoni Bard, litigators with experience in privacy matters and...more
This is the tenth and final post in this year’s series examining important trends in white collar law and investigations. Be on the lookout for a roundup of our 2022 White Collar Year in Preview Series shortly....more
3/17/2022
/ Big Tech ,
Climate Change ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Cryptocurrency ,
Drug Pricing ,
Financial Services Industry ,
Healthcare ,
Legislative Agendas ,
Organ Transplant Centers ,
Social Media ,
Special Purpose Acquisition Companies (SPACs) ,
Technology Sector ,
White Collar Crimes
This is the ninth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in SEC enforcement of ESG priorities. Up next: Looking at the Landscape of...more
This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up...more
On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a...more
12/18/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
On November 2, 2020, the SEC’s Division of Enforcement issued its Annual Report for fiscal year 2020. The Report provides a useful look at Enforcement’s accomplishments, priorities, and challenges over the past year. Notably,...more
Last week the Department of Justice announced that American Airlines will pay over $22 million to settle claims that it falsely reported delivery times for mail it delivered on behalf of the United States Postal...more
The California Consumer Privacy Act (“CCPA”) is expected to become operative on January 1, 2020 and will usher in a new era of data privacy for consumers across the United States. The CCPA establishes various rights for...more