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Telehealth Enforcement: Is It the Next Big Thing?
With the start of the Biden administration and a U.S. Department of Justice (DOJ) led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
We agree with both predictions. While the effect of administration changes on prosecutions and DOJ priorities is often overstated, Trump's DOJ, even compared to recent Republican-led Justice Departments, was particularly focused on violent, drug, and immigration crimes, which necessarily diverted resources away from white-collar investigations. A swing back to a more muscular approach to white-collar and corporate fraud seems almost certain, particularly given the change in party in the administration.
On the second point, there is also little debate. As healthcare spending occupies an ever-larger portion of the federal budget and the economy overall, it will remain the target of enforcers. And in actions under the False Claims Act — the chief civil enforcement tool of DOJ — healthcare has dominated as a percentage of overall recoveries for many years running with no sign of stopping.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.