On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo, and a companion case entitled Relentless, Inc. v. Raimondo, that upended a 40-year-old paradigm of judicial review of federal...more
7/2/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
U.S. Deputy Attorney General Lisa Monaco recently announced the Department of Justice (DOJ) is launching a new whistleblower monetary rewards program later this year and she expects it to drive investment in internal...more
The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more
3/8/2024
/ Compliance ,
Contractors ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement ,
False Billing ,
False Claims Act (FCA) ,
Federal Loans ,
Fraud ,
Healthcare Fraud ,
Incentives ,
Kickbacks ,
Medicare Fraud ,
Neither Admit Nor Deny Settlements ,
Opioid ,
Paycheck Protection Program (PPP) ,
Penalties ,
Treble Damages ,
Whistleblowers
The Department of Justice continues to have its task forces throughout the U.S. investigate and prosecute fraudulent use of funds from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs...more
12/4/2023
/ CARES Act ,
Civil Investigation Demand ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Documentation ,
Economic Injury Disaster Loans ,
Fraud ,
Investigations ,
Paycheck Protection Program (PPP) ,
Settlement ,
Small Business ,
Subpoenas ,
Whistleblowers
United States Attorney’s Offices across the country have announced the implementation of a new Voluntary Self-Disclosure Policy to standardize how voluntary self-disclosure (VSD) of misconduct is defined and credited by USAOs...more
Effective July 8, 2022, New York’s Joint Commission on Public Ethics (commonly referred to as “JCOPE”) will transition to the new Commission on Ethics and Lobbying in Government. The transition is pursuant to the Ethics...more
A significant part of the March 2020 CARES Act, the federal government’s Paycheck Protection Program (PPP) provided a lifeline for hundreds of thousands of small businesses across the nation, helping struggling owners pay...more
Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a result of a bill just passed in both houses of the New York State Legislature and signed...more
Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a result of a bill just passed in both houses of the New York State Legislature and signed...more
The Department of Justice has provided further guidance on what they will be looking for in assessing corporate compliance programs. The latest guidance focuses on three “fundamental questions” that the Government will...more
As widely reported, Gov. Cuomo has asked the state Department of Health and Attorney General Letitia James to conduct an investigation of the state’s long-term care facilities in connection with the COVID-19 pandemic. Data...more
U.S. Attorney General William Barr has ordered all United States Attorneys to establish task forces in their districts to investigate and prosecute crimes related to COVID-19. Such a directive by the nation’s top law...more
U.S. Attorney General William Barr has ordered all United States Attorneys to establish task forces in their districts to investigate and prosecute crimes related to COVID-19, especially in health care. Such a directive by...more
No one likes to envision bad things happening. But developing a crisis management plan is arguably the single most important responsibility for any organization. It’s your role as a leader to help your team anticipate risks,...more
Governor Cuomo’s plan to reform Medicaid has given local governments, municipalities and healthcare providers a little glimpse into how he plans to address issues related to New York state’s budget deficit.
First, the...more
In a second criminal case against a pharmaceutical distributor and its executives this year, the Department of Justice has accused Ohio-based Miami-Luken and its former President and Compliance Officer of conspiring to...more
9/6/2019
/ Controlled Substances ,
Criminal Prosecution ,
DEA ,
Department of Justice (DOJ) ,
Distributors ,
Drug & Alcohol Abuse ,
Government Investigations ,
Internal Controls ,
Opioid ,
Pharmacies ,
Physicians ,
Prescription Drugs ,
Unjust Enrichment
Rochester Drug Co-Operative, Inc. (“RDC”), one of the 10 largest pharmaceutical distributors in the United States, was recently charged along with its former Chief Executive Officer and former Chief Compliance Officer, for...more
5/28/2019
/ CCO ,
CEOs ,
Compliance ,
Controlled Substances ,
Controlled Substances Act ,
Corporate Executives ,
Criminal Conspiracy ,
Criminal Investigations ,
DEA ,
Deferred Prosecution Agreements ,
Drug Distribution ,
New Guidance ,
Opioid ,
Personal Liability ,
Pharmaceutical Industry ,
Pharmacies ,
Unlawful Distribution
The United States Department of Justice (DOJ) has issued new guidelines regarding cooperation and credit for self-disclosure specifically in False Claims Act matters. Such guidelines provide an overview of factors to be...more
5/20/2019
/ Best Practices ,
Cooperation ,
Corporate Liability ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Government Investigations ,
Internal Investigations ,
New Guidance ,
Personal Liability ,
Remedial Actions ,
Self-Disclosure Requirements ,
Subsequent Remedial Measures ,
Voluntary Disclosure Agreement
Recent actions by the United States Department of Justice (DOJ) clearly demonstrate its focus on ensuring the effectiveness of both a corporation’s compliance program and its compliance officer....more
A new policy announced by Deputy Attorney General Rod J. Rosenstein modifies how penalties may be assessed by the Department of Justice (“DOJ”) regarding the pursuit and prosecution of white collar corporate crimes on both...more
Simply having a compliance program is no longer enough in today’s legal and regulatory climate. In the eyes of regulators, “check the box” or “paper” compliance programs are as good as not having one at all.
Organizations...more