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The U.S. Department of Justice (DOJ) announced an update to its earlier guidance on how the DOJ will evaluate the effectiveness of a company’s corporate compliance program. The updated compliance guideline (“Updated Guidance”) is twice the length of the original, and utilizes a more instructive approach, serving as a roadmap to prosecutors, and prudent companies. Although not binding on DOJ prosecutors, the Updated Guidance will certainly impact the way the DOJ evaluates corporate compliance programs during…
On October 26, 2018, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule that will, among others initiatives, allow CMS to recover higher dollar amounts of improper payments made to Medicare Advantage Organizations.  Improper payments are identified through Risk Adjustment Data Validation (“RADV”) audits, which are audits conducted to determine whether the risk adjusted payments submitted by Medicare Advantage Organizations are for diagnoses supported by proper documentation. If there are any improper…
On October 26, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that will, among other initiatives, allow CMS to recover higher dollar amounts of improper payments made to Medicare Advantage. To read more about this ruling and what it might mean for you, click here to read a recent Squire Patton Boggs alert on the subject.…
The Supreme Court allows routine border searches because the “Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border.” Some level of suspicion is required only when a search infringes the dignity and privacy interest of the persons being searched. Circuits are now split about whether reasonable suspicion is needed to justify a forensic search of information stored on an electronic device.…
The palm oil industry has sometimes been associated with human rights abuses and adverse environmental impacts, including deforestation, soil pollution and erosion, water contamination, and threatening endangered species.  However, meaningful efforts are being made to change that. On February 16, 2018, Unilever shared information about its suppliers and mills in order to provide greater transparency into its palm oil supply chain.  Though Unilever isn’t the first company to try to provide better visibility into its…
Our colleague, Nicola A. Smith, brings you the most recent edition of our quarterly food and drink sector newsletter for the UK, Legal NewsBITE. The newsletter includes coverage of a recent focus in the UK on meat processing standards and inspections by the Food Standards Agency, which has had a knock on effect on trade customers such as restaurants and pubs. This has highlighted yet again the importance of demonstrating compliance and supply…
Responsible sourcing is a vital consideration for supply chain professionals, however, sourcing valuable minerals from conflict-affected and high-risk areas is one of the most challenging supply chain concerns.  Importers of conflict minerals must meet the obligations of EU Regulation 2017/821, the Conflict Minerals Regulation, requiring third-party audits and disclosures about supply chain due diligence. Our resident conflicts minerals expert, Dynda Thomas, explains what is covered under the Conflict Minerals Regulation, sets forth considerations for importers of certain…
On February 1, 2018, the Department of Defense formally disestablished the office of Undersecretary of Defense for Acquisition, Technology & Logistics and will begin a four-month effort to reorganize its acquisition directorate, as required under recent reform legislation.  Our colleagues from the Defense Public Policy practice, Jack Deschauer and Pablo Carrillo, discuss the key nominations and what is necessary for the reorganization to ensure the U.S. maintains its technological advantage. The client alert may be accessed here: …
In late 2017, Deputy Attorney General Rosenstein announced a revised FCPA Corporate Enforcement Policy to be incorporated into the United States Attorneys’ Manual. With this revised policy, the Department of Justice (DOJ) aims to provide a level of certainty to companies in order to encourage voluntary disclosures of potential violations of the FCPA.…