On June 28, 2024, SCOTUS overturned the long-standing Chevron doctrine in its decision Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling will have a significant impact on industries regulated by federal agencies, which historically have issued “guidance” interpreting the statutes, rules, and regulations they administer. As one of
Lyndsay E. Medlin
Lyndsay Medlin assists clients across industries with a variety of litigation, internal investigation, and compliance needs. Her experience includes assisting clients with drafting and developing policies and best practices to ensure compliance and prevent litigation; investigating and responding to internal whistleblower allegations, federal civil investigative demands, and state regulatory inquiries for financial services, healthcare, life sciences, and government contractor clients, and working closely with clients across industries to protect their business interests nationwide. With privacy and cybersecurity becoming paramount concerns for businesses, Lyndsay is also skilled at counseling clients regarding the nuances of privacy notices, protection of customer and client personal information, and for covered financial services clients, Bank Secrecy Act/Anti-Money Laundering compliance.
FCA Settlements with Companies on Government Cybersecurity Concerns Continue
On Monday, June 17, 2024, the Department of Justice (DOJ) announced settlements involving $11.3 million in payments for consulting companies failing to comply with cybersecurity requirements in federally funded contracts. The head of DOJ’s Civil Division stated, “Federal funding frequently comes with cybersecurity obligations, and contractors and grantees must honor these commitments. The Justice Department…
False Claims Act Enforcement in the Cyber World
Bradley’s Cybersecurity and Privacy team keeps a close eye on litigation involving cybersecurity deficiencies, and recent settlements flagged by the team as noteworthy demonstrate ways the False Claims Act can be used by the government to force companies into a new technological era. Check out this blog post by members of the Government Enforcement and…
Third Circuit Finds Documentation Issues May Be “Material” under the FCA
On August 25, 2023, the Third Circuit continued its trend of rulings unfavorable to FCA healthcare defendants in the latest appeal of U.S. ex rel. Druding et al. v. Care Alternatives et al., No. 22-1035, 2023 WL 5494333 (3d Cir. 2023), holding that medical record-keeping issues and documentation errors may be material under the…
One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants
Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries.
District court discretion does not override the need for “the perception of fair sentencing” in the Sixth Circuit.
On June 22, 2023, the Sixth Circuit issued an opinion…
New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct
On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate…