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The first quarter of 2014 is over. The major provisions of the Patient Protection and Affordable Care Act (the Affordable Care Act, ACA or Act) are now in full swing, save the occasional delay of certain mandates. Companies, both large and small, understand that this law is now a fixture of our legislative structure. It's not being repealed and it's not being overturned. Instead, it will be amended, tugged at, pulled at, changed, expanded, and contracted. That's how legislation works. In all of these changes, which are occurring on a continual basis, legislative impact is not the only impact that necessitates attention. The private marketplace, which has a major role in the changes brought about by the ACA, plays a crucial role in the development of the law, as well as the resulting impact on employers.
'Seismic Shifts'
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.