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Sleepless Nights: Compliance Challenges Facing Today's Medical Device Executives
In an article in the May 3, 2013 issue of Pharmaceutical Compliance Monitor, Ron Levine examines the list of compliance challenges that medical device executives need to consider as they risk analyze to allocate compliance resources.
Keeping Government Environmental Investigations Civil
In the lead article for the July 2015 issue of Business Crimes Bulletin, Internal Investigations & White Collar Defense Chair Ronald H. Levine, and Environmental Principal Michael C. Gross, review recent environmental prosecutions and offer best practice tips for responding to civil investigations and avoiding criminal prosecution.
Potential Class Action Highlights Cyber-Identity Theft Issues in the Tax Industry
The tax industry has an identity theft problem. According to the Government Accountability Office (GAO), the IRS estimates that in 2013 it paid out approximately $5.8 billion in tax refunds to filers later determined to be identity thieves.
Market Manipulation: Staying a Step Ahead
The article, in the April 2015 issue of Public Utilities Fortnightly, examines U.S. Federal Energy Regulatory Commission's (FERC) policing of fraud and market manipulation in energy markets, and notes that, "between 2007 and the end of 2014...FERC assessed civil penalties of $602 million and ordered disgorgement totaling almost $300 million."
Recent Developments in FTC vs. Wyndham Underscore Importance of Cybersecurity Vigilance in the Hospitality Industry
On Friday, March 27, the parties in FTC vs. Wyndham, a key data security case with the potential to deeply impact the hospitality industry's cybersecurity practices" filed special supplemental briefs that the Third Circuit Court of Appeals requested during oral arguments earlier in the month.
Managing Wi-Fi Networks on Business Premises: Aggressive Enforcement and Unanswered Questions
On Friday, January 30, 2015, Marriott International, Inc. (Marriott) the American Hotel & Lodging Association (AH&LA), and Ryman Hospitality Properties (Ryman) announced the withdrawal of their petition seeking clarity from the Federal Communications Commission (FCC) regarding businesses' ability to control Wi-Fi connectivity on their premises. It was probably the right decision strategically. However, certain key regulatory questions are unresolved, with no promise of a ready resolution forthcoming.
Financial Crimes Enforcement Network Pursues New Customer Due Diligence Requirements for Banks' Anti-Money Laundering Programs
In the December 2014 issue of PABanker, the magazine of the Pennsylvania Bankers Association, Internal Investigations & White Collar Defense Principal Peter D. Hardy and Associate Carolyn H. Kendall explore the obligation being added to the already significant requirements of banks' Anti-Money Laundering (AML) programs.
Pennsylvania Bank Consents to $1.5 Million Assessment for Failing to File Required Suspicious Activity Reports Regarding Transactions by Bank Insider
On February 27, 2015, the Financial Crimes Enforcement Network (FinCEN) assessed a $1.5 million civil monetary penalty against the First National Community Bank of Dunmore, Pennsylvania for willful violations of the Bank Secrecy Act (BSA).
D.C. Circuit Reaffirms Application of Attorney-Client Privilege to Internal Investigations
The D.C. Circuit Court of Appeal's recent opinion in In Re Kellogg Brown & Root is a victory for corporations and their lawyers across the nation, reaffirming the application of the attorney-client privilege to documents prepared during an internal investigation conducted pursuant to a corporate compliance program.