Audax Private Equity has announced it has completed a strategic growth investment in Flow Control Holdings.

Flow Control, based in Cincinnati, Ohio, is provider of sanitary flow components to producers of pharmaceuticals and other non-healthcare products. Founded in 2018, Flow Control is the parent company to Steel & O’Brien Manufacturing and Ace Sanitary.

Audax

RELATED UPDATE:
FinCEN Alert Highlights Potential U.S. Commercial Real Estate Investments by Sanctioned Russian Elites and Their Proxies (January 30, 2023)

As the world watched in horror over the atrocities occurring in the war zones of Ukraine this week, global leaders re-doubled their efforts to bring increasing sanctions pressure to bear on Russian industry, the Russian economy and the sphere of influence surrounding Russian President Vladimir Putin.  The U.S., UK and EU rolled out a series of new or newly-tightened sanctions measures over the course of the week, and signaled that more tools remain in the sanctions toolkit going forward.  DOJ also announced a number of enforcement actions initiated as part of “Task Force KleptoCapture,” including a criminal indictment against a Russian oligarch for attempting to evade previously imposed sanctions.

Thomas H. Lee Partners (THL) has announced it will acquire a majority interest in Intelligent Medical Objects (IMO) from Warburg Pincus.

The deal was reported to be worth more than $1.5 billion.

IMO, based in Rosemont, Ill., is a healthcare data enablement company. Founded in 1994, the company states that its suite of software

As tax season approaches, cryptocurrency investors and their advisors are facing heightened scrutiny. The New York State Office of the Attorney General recently announced its commitment to hold “cryptocurrency tax cheats accountable.” Taxpayers who fail to properly declare their crypto income could face treble damages, interest, and penalties under the New York False Claims Act, in addition to criminal prosecution and separate liabilities and penalties under the tax law.

Berkshire Partners and Warburg Pincus have agreed to invest in Ensemble Health Partners, according to a news release.

Ensemble, based in Cincinnati, Ohio, is a provider of technology-enabled revenue cycle management solutions for health systems. Founded in 2014, the company states it has partnered with nearly 300 hospitals across the United States.

Berkshire

On March 31, 2022, the Federal Deposit Insurance Corporation (FDIC) issued the March 2022 edition of its Consumer Compliance Supervisory Highlights. The publication provides a high-level overview of consumer compliance issues identified in 2021 through the FDIC’s supervision of state-chartered banks and thrifts that are not members of the Federal Reserve System.  It provides important guidance regarding compliance priorities for these financial institutions.

The Utah Consumer Privacy Act (“UCPA”) passed by the Utah legislature was signed into law by Governor Spencer Cox on March 24, 2022 and becomes effective December 31, 2023. While companies conducting business in Utah will need to familiarize themselves with the law in order to become complaint if they are covered by the statute, the good news is that the UCPA creates only marginally different obligations than those found in California, Colorado, and Virginia’s data privacy laws.

Federal courts in recent Telephone Consumer Protection Act cases served up two victories and one disappointment for the defense. Siding with the defense, the 7th U.S. Circuit Court of Appeals ruled that defendants do not carry the burden of proof at class certification, and the 8th Circuit joined other courts in maintaining a narrow autodialer

Last month, the Central District of California granted the government’s affirmative motion for partial summary judgment in U.S. v. Reliance Medical Sys., 2022 WL 524062 (C.D. Cal. Feb. 2, 2022).  The Reliance Medical case involved an FCA action based on a theory that certain physician-owned distributorships (PODs) violated the Anti-Kickback Statute (AKS).  As detailed below, the Central District found – in accordance with the substantial majority of other courts – that violations of the AKS are material under the FCA.