Investigations, Enforcement, & Compliance Alerts

Health care companies and stakeholders should be prepared for an uptick in antitrust complaints and investigations in the short term, driven by the launch of HealthyCompetition.gov. Despite the anticipated short-term impact, the long-term impact remains uncertain and depends on the sustained engagement and use of the tipline by the public.

In analyzing a government contractor target for a proposed acquisition—such as a merger, asset sale, or stock purchase—due diligence may uncover a seller’s noncompliance with certain Federal Acquisition Regulations or other applicable regulations.

The U.S. Department of Justice’s latest Foreign Corrupt Practices Act (FCPA) resolution with Glencore plc and related entities raises new questions about independent compliance monitors, and whether they are back to stay.

In a speech on March 25, 2022, Assistant Attorney General Kenneth Polite, Jr. provided significant details regarding Department of Justice expectations for corporate compliance programs and how those programs will be assessed and considered in determining appropriate resolutions of investigations of corporate misconduct.

On March 3, 2022, U.S. Attorney General Merrick B. Garland announced several significant initiatives aimed at strengthening the ability of the Department of Justice to combat corporate crime.

The recent announcement by U.S. Deputy Attorney General Lisa Monaco of major changes in corporate enforcement policy signals a strong commitment by the Department of Justice (DOJ) to more rigorous scrutiny of prior corporate misconduct, greater focus on holding individuals accountable, and renewed emphasis on the utilization of monitorships to ensure compliance.