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The Supreme Court’s decision upholding most of the Affordable Care Act increased compliance responsibilities for healthcare companies. The ACA amended the False Claims Act (FCA), which was amended in 2009 in the Fraud Enforcement and Recovery Act. The FCA amendments in 2009 and 2010 have had a dramatic impact
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Mexico is an important trading partner with the United States. It attracts a lot of foreign investment by United States companies. Corruption risks are substantial and getting worse. Mexico is ranked 100 out of 182 countries by the Transparency International’s Corruption Perceptions Index. It has been moving down the
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Pharmaceutical and medical device companies are fast becoming the enforcement punching bag, eclipsing the long-suffering status of the oil and gas energy. If you ignore the political and public relations challenges facing the pharmaceutical and medical device industries, you are being naive. In almost every possible area for enforcement,
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The ultimate outcome of an internal investigation is, in many respects, dictated by the investigation report. But not all reports are created equal. Every report reflects the specific external and internal circumstances facing a company. On the external front, the key issues are whether the government has initiated a civil
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The FCPA Paparazzi is a glitter. Client alerts are being drafted as we speak. Webinars and conferences will highlight this latest development – the release of the Justice Department’s FCPA “Guidance.”Not to burst any marketing plans or any promotional bubbles but I think it is pretty clear what the
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The creation of the Consumer Financial Protection Bureau (CFPB) in the Dodd-Frank Act was a hotly contested issue. In the end, Democrats were able to push through the creation of this new agency. Even with some of the limitations designed to curtail the CFPB’s authorities, the CFPB is
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I had the pleasure of recording a video with LEVICK on Whistleblowers. LEVICK is a leading communications firm which provides strategic consulting to companies. Please click HERE to watch the video. LEVICK safeguards brands and reputations worldwide. The firm has been honored with multiple awards for its work ensuring public
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Unlike anti-corruption compliance, companies have long had antitrust compliance programs. It has long been recognized that collusion between and among companies on prices, territories, and other market factors has a negative impact on consumers. A price-fixing conspiracy which results in a modest price increase in popular products can
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Brazil is the seventh largest economy in the world. It has a booming economy and is attracting increased foreign investment. With the World Cup scheduled in 2014 and the Olympics in 2016, Brazil’s profile is expected to rise even higher. Brazil is the largest recipient of foreign capital in
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In the aftermath of the Standard Chartered settlement for sanctions violations involving processing of financial transactions with Iran in violation of the Iran sanctions, more banks are falling under scrutiny for violating sanctions restrictions. I hate to say “I told you so,” but I told you so. The Obama Administration
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Everyone gets tired of the phrase “Follow the Money.” The origin of the statement is supposedly from Deep Throat to Woodward and Bernstein during the Watergate investigation. (As an aside, recent Watergate books have called into question how much information Deep Throat (Mark Feld from the FBI) really had and
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Like other major financial controversies, the London Interbank Offered Rate (“LIBOR”) case is spawning private litigation in the United States. The dangers of an antitrust violation include treble damages in private suits brought by persons directly harmed by an antitrust violation. Expensive class actions follow antitrust violations. The implications of