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Franchises Now Focus on Health Care Reform's Practical Effect
Now that the U.S. Supreme Court has given a green light to implementation of the Patient Protection and Affordable Care Act (“ACA”), franchisors and franchisees are assessing how the law will affect their businesses. A requirement to offer insurance coverage to all full-time employees beginning in 2014 is the biggest concern, but employment attorneys say that franchises also must be prepared to meet new reporting rules that will be in effect sooner.
Years of litigation about ACA created uncertainty about what would be required, and that had led to delays in developing solutions by the business community and state insurance exchanges. In that sense, the Court's decision might be a positive development. “It alleviates an incredible amount of anxiety ' that had left the system in a total state of uncertainty,” said Stephen Weiner, who chairs the health law practice at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. “Fundamentally, for people in the field who are not political ideologues, it's a relief to be able to move forward understanding what the ground rules will be.”
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.