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Chief Compliance Officers and the Healthcare Industry

Chief Compliance Officers and the Healthcare Industry

The healthcare industry is very familiar with risks and compliance.  In many areas of compliance, the healthcare industry has led the way.  The record of success is mired in one significant glaring area – the independence and authority of chief compliance officers. The industry as a whole deserves a pat on the back; however, it still is coming to grips with the need for an...

Heads in the Clouds: Government Requests for Cloud Data

The new “hot” term among cutting edge lawyers is “cloud data” compliance.  As always, experts often confuse an issue in an attempt to make it impenetrable to clients.  It is a sophisticated marketing ploy used by the legal profession (and I apologize in advance on behalf of lawyers everywhere). While I have little technical expertise (and instead rely on so-called “IT experts”), I have a...

CFPB Examinations and Enforcement

The CFPB is the new regulator on the block.  Republicans in Congress continue to try to strangle the CFPB from exercising its legal authorities.   The re-election of President Obama ensured that the CFPB will continue to enforce federal consumer protection laws. In its first eighteen months, the CFPB has been active, asserting jurisdiction and launching investigations against large banks, student loan companies, mortgage servicing, debt collectors, money transmitters, debt...

Five Steps to Improve Corporate Governance

It has been ten years since Sarbanes-Oxley was enacted.  No one can argue that Sarbanes-Oxley eliminated the problem of corporate malfeasance. Maybe Sarbanes-Oxley did not address the real problem.  Corporate scandals occur when corporate governance fails to properly supervise corporate operations.  Senior management may try to keep corporate boards in the dark but that can only occur when a corporate board is not following basic governance principles. For...

Reality Check on Compliance

No one will ever call the last twenty years of television the “golden age of television.”  I have always turned off “reality” television for one reason – it is boring.  For some reason, American television viewers have become less interested in entertainment and more interested in watching so-called “reality” shows which are far from realistic and have no lasting artistic value. While “reality” does not...

The Danger of a “Paper” Compliance Program

The FCPA Guidance contains many important compliance reminders which should be incorporated into every anti-corruption compliance program.  Perhaps the most important observation included in the FCPA Guidance was the statement that: DOJ and SEC have often encountered companies with compliance programs that are strong on paper but that nevertheless have significant FCPA violations because management has failed to effectively implement the program even in the...

Compliance and the Criminal Mind

We can all agree on one thing – Lance Armstrong is a disgrace.  I have never seen a more pathetic performance of contrition, riddled with lies, and confirmation of a true sociopath. His public relations strategy was a disaster.  It is hard to know who to blame but perhaps it was an impossible assignment.  There was no way to take a sociopath and make him...

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Hospitals Need to Focus on Data Privacy and Security

To restate the obvious, hospitals operate in a risky environment.  They face a variety of risks and a blanket of government regulations.  You have to admire the Chief Compliance Officer at a hospital.  They learn to live with these risks. In response to our new Internet age, the government has prioritized protection of privacy and consumer data. In the healthcare industry, this is not a...

The Cutting Edge of Anti-Corruption Compliance: Proactive Audits

The FCPA world is fast-becoming the leader in new compliance strategies.  The Justice Department and the SEC have embraced the requirement for conducting “proactive audits.” Recent settlements have included new compliance program requirements for a company to conduct proactive audits of high-risk areas.  It is a new and growing area for anti-corruption compliance. The concept of a “proactive” audit, however, is nothing new.  The strategy...