Compliance

Expert Analysis

• Medical Device Cases Show Increased Sunshine Act Scrutiny

  

  Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

• Takeaways From 2 New FBAR Rulings

  

  In light of two recent California federal court decisions, capping penalties for nonwillful violations of foreign bank account reporting but broadening the willfulness standard, U.S. taxpayers must be vigilant about understanding their reporting obligations, and prepare for the Internal Revenue Service to target willful conduct, which yields much higher penalties, say Friedemann Thomma and Marianna Felshtiner at Venable.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• How Curbs On Russia And Belarus Trade Will Affect Tech Cos.

  

  Attorneys at Kirkland examine how the Biden administration's newly authorized Russian sanctions, restrictions on dealings with companies in Belarus and other likely measures will affect the technology sector and how companies should respond to the changes.

• Opinion

  FTC's Drop Of Illumina-Grail Federal Court Case Raises Uncertainty

  

  The Federal Trade Commission's move to drop its lawsuit challenging the proposed merger of Illumina and its cancer-screening spinoff Grail is procedural posturing that undermines the agency's goals and has created maximum uncertainty for companies focused on creating life-saving technologies, say Zarema Jarimillo and Leiv Blad at Lowenstein Sandler.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• Why AI Can't Replace Humans In Environmental Compliance

  

  As organizations increasingly integrate artificial intelligence into their operations, it is clear that, while AI may play a valuable role in environmental compliance programs, it cannot replace the judgment, perspective, experience and ethical values of human beings, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

• Compliance Considerations For Pharma Co. Testing Programs

  

  Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

• 10 Trauma-Informed Techniques For Workplace Investigations

  

  For internal investigations related to sexual harassment, assault or racial discrimination, organizations should use trauma-informed techniques in order to more effectively solicit witness information and build safer, stronger workplace cultures, say attorneys at Perkins Coie.

• Opinion

  CFAA And The High Court's Fight Against Overcriminalization

  

  When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

• Warnings And Guideposts From EU Sanctions Blocking Case

  

  An advocate general's recent opinion in Bank Melli Iran v. Telekom Deutschland, a European Union sanctions blocking case, highlights serious new international regulatory compliance risks but also presents helpful guidance for navigating conflicting EU and U.S. rules, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

• CBP Rulings Offer Lessons On Overcoming Import Detentions

  

  Two recent U.S. Customs and Border Protection rulings over allegations a U.S. apparel importer violated forced labor restrictions provide importers with insight for documenting supply chain compliance to obtain release of detained merchandise, say Dana Watts and Manuel Levitt at Miller & Chevalier.

• How Speedway Deal Might Have Avoided Antitrust Gridlock

  

  A close examination of 7-Eleven's Speedway acquisition shows that adding certain language to the deal's closing conditions might have kept it out of prolonged Federal Trade Commission antitrust jeopardy, say attorneys at Cadwalader.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• Mortgage Servicers Should Prepare To Be In CFPB Crosshairs

  

  In light of recent indications that the Consumer Financial Protection Bureau will make housing security a top priority, residential mortgage servicers should prepare for increased enforcement scrutiny as foreclosures and evictions rise post-pandemic, say attorneys at Manatt.