Recent Publications - Compliance, Investigations & White Collar


Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 1, 2021 | Health Services | Compliance, Investigations & White Collar
On May 13, 2021, Rivkin Radler Partner, and former OMIG First Deputy, Robert Hussar kicked off Rivkin Radler’s new Healthcare Compliance Lunch and Learn Series. He interviewed Frank T. Walsh, Jr., who offered his first public comments since assuming his role as Acting NYS Medicaid Inspector General (pending State Senate confirmation). Mr. Walsh provided health …
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FDA Warns that Topical Pain-Relief Products Containing CBD Violate FD&C Act
March 24, 2021 | Cannabis | Compliance, Investigations & White Collar
This week, the U.S. Food and Drug Administration (FDA) issued Warning Letters that effectively declare that the presence of cannabidiol (CBD) as an inactive ingredient in topical over-the-counter (OTC) drug products is a  violation of the federal Food, Drug, and Cosmetic Act (FD&C Act). In a news release issued on March 22, 2021 the FDA …
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CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
March 11, 2021 | Cannabis | Compliance, Investigations & White Collar
Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could treat diseases and serious medical conditions such as cancer, diabetes, Alzheimer’s disease and more.            At the same time, the FTC announced proposed settlements with …
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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 | Corporate | Cannabis | 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 | Compliance, Investigations & White Collar | Health Services
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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