Recent Publications - Compliance, Investigations & White Collar


The Biden Administration’s Expected Criminal Enforcement Stance on Marijuana
February 1, 2021 | Cannabis | Compliance, Investigations & White Collar
As a candidate running for the office he now holds, President Biden advocated decriminalizing the use of marijuana, automatically expunging all prior marijuana use convictions, legalizing marijuana for medical purposes and rescheduling marijuana from Schedule I to Schedule II in order to permit scientific research into its effects, while leaving decisions regarding legalization of marijuana for …
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Kern and Ullman Publish Article in Pratt’s Journal of Bankruptcy Law
September 17, 2020 | Cannabis
Bob Kern and Marc Ullman published the article, “Cannabis Investments and Exit Strategies: A Case Study” in Pratt’s Journal of Bankruptcy Law. The article discusses the easiness with which investors can make investments in cannabis companies. However, due to the risks, they would be well-advised to have an exit plan in the event their investment …
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Cannabis Investments and Exit Strategies: A Case Study
August 3, 2020 | Cannabis | Corporate | Compliance, Investigations & White Collar
It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations. An investor decided to make an investment in a Colorado company that was seeking to create a particular …
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Bank Publishes Article in Summer 2020 USLAW Magazine
July 30, 2020 | Privacy, Data & Cyber Law
Brian Bank published the article, “Cross-Border E-discovery in the Privacy Era,” in the Summer 2020 issue of USLAW Magazine. Click here to read the article. …
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Shapiro Offers Guidance to Health Food Retailers amid COVID
July 2, 2020 | Compliance, Investigations & White Collar
Steven Shapiro wrote an article for Vitamin Retailer entitled, “Operating a Health Food Retail Establishment in the Age of Coronavirus.” The article covers the measures retailers have taken to respond to the pandemic, including selling hand sanitizers and gloves, as well as the dangers of making claims about products purported to cure COVID-19. It also …
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Ransomware Attacks Continue Unabated in the Era of COVID
June 10, 2020 | Privacy, Data & Cyber Law
On June 9, the Beazley Group, a specialty insurer affiliated with Lloyd’s Underwriters, issued a pointed reminder that, as we continue to fight the global pandemic of COVID-19, the cyber pandemic of ransomware continues. According to Beazley’s Breach Response Services group, ransomware incidents in the first quarter of 2020 increased by 25% compared to Q4 …
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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | Health Services | Compliance, Investigations & White Collar
In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD). By …
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Whether Buying or Selling PPE, Protect Yourself
May 15, 2020 | Compliance, Investigations & White Collar
There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution …
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Supreme Court Reverses ‘Bridgegate’ Convictions
May 15, 2020 | Compliance, Investigations & White Collar
Last week, the Supreme Court of the United States issued a decision in Kelly v. United States[1] that limits federal prosecutors’ ability to seek criminal charges for public corruption. The Kelly case concerns the 2013 “Bridgegate” scandal that resulted in the prosecutions of Bridget Kelly, Deputy Chief of Staff to former New Jersey Governor Chris …
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Kaiser Authors Article for Law360 on False Claims Act
May 13, 2020 | Compliance, Investigations & White Collar | Health Services
False Claims Act, Medical Necessity and Government Regulation of Medicine In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals …
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