For U.S. businesses, sanctions compliance has never been more challenging or more important. The U.S. has responded to Russia’s invasion of Ukraine with a broad range of sanctions targeting the Russian government, its officials, oligarchs and Russia’s financial and energy industries, among others. Indeed, since the invasion of Ukraine, the agency that administers sanctions, the
Corporate & Commercial
OIG’s New Compliance Guidance: 10 Action Items and Six Themes for Providers
On Nov. 6, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued its General Compliance Program Guidance for healthcare providers and other industry stakeholders. The guidance follows OIG’s previous announcement about a modernization initiative and signifies a major update to OIG’s prior approach to providing guidance on effective compliance…
Corporate Transparency Act: Three Updates for January 2024
RELATED UPDATE: Deputy Attorney General Monaco Announces New DOJ Whistleblower Program (March 8, 2024)
As of January 1, 2024, the Corporate Transparency Act (“CTA”) has gone into effect. Companies that may be Reporting Companies of Beneficial Ownership Information (“BOI”) should be aware of three key aspects of the CTA.
- One, entities formed on or after
…
A Failed Constitutional Challenge to the AKS Safe Harbor Provision – More to come?
By Brett Barnett & Timothy Fry
This past summer, in United States v. Booker, a North Carolina district court ruled against a challenge to the constitutionality of Congress’s delegation of authority to promulgate safe harbors to the Anti-Kickback Statute (AKS). In filing a motion for acquittal, Defendant Donald Booker argued the AKS “Safe Harbor Provision,” which grants the Secretary of…
FTC Issues Largest Fine in Made in USA Enforcement — but Seeks to Collect Much Less
On Dec. 6, the Federal Trade Commission issued a proposed order against ExotoUSA LLC and its owner to resolve allegations that they improperly marketed products online using unqualified Made in USA claims and other false or misleading claims. Read on for details about this case and takeaways for companies that label and market their products…
The Growing Causal Divide: But-For Causation in AKS/FCA Actions
By Timothy Fry & Brett Barnett
In United States v. Regeneron, the District of Massachusetts Court recently joined the Sixth and Eighth Circuits in requiring the government to show a direct tie between kickbacks and referrals that proximately caused claims to federal healthcare programs to prevail in Anti-Kickback Statute (AKS) and False Claims Act (FCA) actions. The District Court’s ruling…
HHS Rescheduling, SAFER Banking Act May Change the Marijuana Landscape
In late August, the Department of Health and Human Services recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substance Act. Meanwhile Congress is weighing a bill that would create federal safe harbors for financial institutions to accept deposits from state-sanctioned marijuana business operators. Read on for details…
What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status
On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act, marking the fifth change to the board’s joint employer standard since 2015. Read on to learn more about how this rule affects employers.
FDA Proposes Brominated Vegetable Oil Ban
The Food and Drug Administration has proposed revoking the regulation that authorizes the use of brominated vegetable oil (BVO) in food because the agency no longer considers it safe. Public comments on the proposed rule are due Jan. 17, 2024. Read on to learn what California and New York are doing related to BVO and…
Beneficial Ownership Reporting Requirements under the Corporate Transparency Act
Corporate Transparency Act Beneficial Ownership Reporting Requirements to Take Effect
In 2021, the Corporate Transparency Act (“CTA”) was enacted as part of the Anti-Money Laundering Act of 2020, requiring certain business entities (“Reporting Companies”) to report beneficial ownership information (“BOI”) to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”). FinCEN issued the final…