It’s deal time! The 2016 JP Morgan Healthcare Conference has set the tone for another successful year for healthcare investing. A company’s financial health is a key factor in the underwriting process for any type of loan and, in the healthcare space, savvy investors also conduct through healthcare regulatory diligence. Sophisticated investors, however, go beyond
SEC Expands Cybersecurity Compliance Requirements For 2016
On January 11, 2016, the Securities and Exchange Commission announced the 2016 examination priorities list. For the third year in a row, cybersecurity is a top concern, especially with regard to internal security program assessment and evaluation. This year the Office of Compliance Inspections and Examinations (OCIE) will focus on cybersecurity protocols implemented by financial…
SEC Provides Guidance on 2016 Examination Areas of Focus
On Monday, January 11, 2016, the Securities and Exchange Commission (SEC) announced its Office of Compliance Inspections and Examinations’ (OCIE) areas of focus for 2016, which include:
- protecting retail investors and investors for retirement;
- assessing issues related to market-wide risks; and
- use of its ability to analyze data to identify and examine registrants that may
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Health Provisions in the Omnibus Appropriations: Cybersecurity in the Healthcare Industry
The omnibus appropriations legislation that Congress passed last week contained a variety of health-related provisions. These provisions include rescinding funding for the Independent Payment Advisory Board (IPAB), deficit-neutral language related to risk corridor payments and cybersecurity.
Within a title dealing with cybersecurity issues, including within the federal government, section 405 requires the Department of Health…
Conducting Internal I-9 Audits – ICE and DOJ-OSC Provide Joint Guidance
A company’s I-9 file, which often goes unnoticed by all but a few HR professionals, can carry significant risk. Form I-9 files often serve as landmines for fines, penalties, and sanctions. Companies can mitigate these risks by conducting periodic Form I-9 audits.
This week, the Department of Justice’s Civil Rights Division and the Department of Homeland…
Vizio and Google Data Privacy Class Actions Illustrate Risks of Data Collection – And Defensive Value of Robust Disclosures
Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users. As these events demonstrate, plaintiffs’ attorneys are aggressively bringing actions against companies that collect user data, including through the invocation of California’s…
Proposed Changes to Form I-9 Create New Compliance Questions
Employers take note: a new Form I-9 is in the making. U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, announced on November 24, 2015, that it is seeking public comment on the various proposed changes. The proposed changes will have far-reaching impact because all employers are required to complete and…
CFPB’s Cordray Issues Warning to Vendors
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray recently issued a warning to mortgage technology vendors for a lack of compliance with the CFPB’s TILA-RESPA Integrated Disclosure (TRID) Rule. Addressing the Mortgage Bankers Association’s Annual Convention and Expo, Cordray said he was “disturbed” by vendors’ lack of effort to implement the rule, despite having…
The CFPB Strongly Scrutinizes MSAs Under RESPA
The Consumer Financial Protection Bureau (CFPB) recently provided guidance discouraging mortgage industry participants from entering into marketing services arrangements (MSAs). An MSA is an agreement under which a settlement service provider, such as a real estate broker, agrees to market and promote another provider’s services − such as that of a title company − in…
Whistleblower Denied Recovery In FCA Case With $322 Million Settlement
A whistleblower was recently denied any portion of the Government’s recovery in a False Claims case despite the Government obtaining a settlement of approximately $322 million. The decision arose in the case of United States ex rel. Swoben v. SCAN Health Plan, Case No. 09-cv-5013-JFW pending in the United States District Court for the…