Compliance

Expert Analysis

• Where Health Care Enforcement Is Headed Under Biden

  

  Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

• Consumer Protection Takeaways From ABA Antitrust Meeting

  

  During the recent Antitrust Law Spring Meeting, the American Bar Association's panels evaluated how antitrust and consumer protection fit into broader social and political issues, and revealed how that perspective might inform enforcement, litigation and consumer education in the future, say Patrick Thompson and Kevin Schock at Perkins Coie.

• Opinion

  Growth Cos. Should Disclose Projections In IPO Prospectuses

  

  It's time for the U.S. Securities and Exchange Commission to encourage smaller and emerging companies to demonstrate their prospective growth to investors by providing reasonable financial projections in their initial public offering prospectuses for a greater chance of success, says Spencer Feldman at Olshan Frome.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Key Takeaways From FDA Warnings To CBD Cos.

  

  Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

• Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

  

  While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

• Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

  

  In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Opinion

  Consider Benefits Of Carbon Emissions Alongside Costs

  

  The Biden administration's recently announced social cost of carbon estimate will be used to calculate adverse impacts from many different activities and industries, but Poe Leggette at BakerHostetler argues that the social benefits of carbon emissions connected to food, shelter, and other goods and services have not been given enough attention.

• FDA Letters Suggest Scrutiny Of Virus And Vaping Products

  

  The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

• A Call For Greater Clarity Around SEC Cooperation Credit

  

  The U.S. Securities and Exchange Commission’s decision not to fine Gulfport Energy in a recent enforcement action over disclosure failures highlights the need for SEC guidance on the benefits a company will receive for cooperating with agency investigations, say Robert Cohen and Brook Jackling at Davis Polk.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Health Insurance Compliance Steps After Antitrust Reform

  

  Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.

• Extreme Weather Means Energy Cos. Need New Risk Tools

  

  The recent extreme weather events in Texas, and subsequent litigation, show that energy facility owners and operators may no longer be able to rely strictly on adherence to existing codes and standards when assessing climate-related business and legal risk, and may instead new need new tools and models, say consultants at Exponent.

• Opinion

  Why CFPB's Disposal Of Supervisory Tool Is Problematic

  

  The Consumer Financial Protection Bureau’s recent elimination of supervisory recommendations that provide financial institutions feedback on compliance deficiencies is concerning and suggests the CFPB is clearing away obstacles to its discretion to invent, as well as enforce, the law, say Eric Mogilnicki and Jeremy Newell at Covington.