Government Investigations and Corporate Compliance

Overview

Federal and state law enforcement and regulatory agencies are scrutinizing businesses and conducting a greater number of investigations than ever before. Dykema's Government Investigations and Corporate Compliance Team focuses on compliance counseling, corporate internal investigations and white-collar defense to provide clients with outstanding representation in grand jury investigations, False Claims Act litigation, recoupment actions, government audits and other enforcement matters. Our team also assists clients in the development and implementation of effective compliance and enforcement programs to protect their businesses and employees. 

Antitrust and Trade Regulation

Dykema's team is comprised of lawyers from our litigation, corporate, health care, government policy and intellectual property groups. A number of these professionals have held leadership positions with the U.S. Department of Justice (including a former United States Attorney), the Federal Trade Commission (FTC), the staff of the United States Senate Judiciary Subcommittee on Antitrust and Monopolies and various state and national professional associations. These seasoned professionals offer the resources and experience to solve complex issues related to the regulation of competition and trade in a variety of industries. 

Compliance

Our regulatory counseling and litigation services help clients resolve high-stakes civil and criminal enforcement litigation. To help minimize the likelihood of future enforcement, we counsel clients with respect to the preparation of corporate compliance programs and the development of corporate governance "best practices." 

Cybersecurity

The acceleration of electronic information storage and data has been accompanied by a dramatic increase in cybersecurity and breaches. Companies are confronting the theft of intellectual property and consumer data stored on their networks of their supply chain partners. Because of the vast information assets being stored electronically in today's world, clients must develop and adopt compliance plans and protocols for data breaches as part of a comprehensive plan of cybersecurity. Additionally, with increasing government oversight of cybersecurity issues, legal involvement in client preparedness and response plans is critical. Dykema helps clients with a wide range of cyber-preparedness and response issues including due diligence, education, cyber-attack assessment and litigation related to data privacy. To learn more about our extensive cybersecurity capabilities, click here.

Qui Tam and Civil False Claims Act

Since Congress amended the Civil False Claims Act in 1986, nearly 8,500 qui tam suits have been filed. Amendments in 2009 and 2010 to the Fraud Enforcement and Recovery Act, the Patient Protection and Affordable Care Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act have increased greatly the volume of qui tam suits. These intensified actions underscore the importance of having proven effective defense counsel. When facing a qui tam action, experienced counsel is essential to help clients prevail.

Health Care Fraud

Health care fraud—particularly Medicare and Medicaid fraud—is one of the Department of Justice priority areas of enforcement. We know health care and defend health care providers and other clients confronting such charges as allegation of improper Medicare and/or insurance company billing. Dykema also has proven experience with False Claims Act litigation with a strong record of successful outcomes in a broad range of health care fraud cases.

Foreign Corrupt Practices Act

With the growth of international trade and cross-border business dealings, the opportunities for companies to run afoul of anti-corruption laws—and to be more closely scrutinized by the two federal agencies tasked with enforcement of the Foreign Corrupt Practices Act (FCPA)—has increased dramatically. Dykema's multidisciplinary team provides high-level counsel on the FCPA and other anti-corruption measures, to advise on business dealings with companies in foreign lands and to map out comprehensive programs that reflect "best practices."

Internal Investigations

Criminal investigations, civil and contract fraud cases, government audits and regulatory inquiries are more prevalent than ever and the economic stakes have never been higher. We counsel public, private and nonprofit companies with respect to all types of internal investigations to determine the facts in each case and to help assess the legal and regulatory implications and exposure involved. Dykema also counsels clients on business ethics and risk management needs, to help put into place compliance measures to reduce the risk of being an investigation target and adverse outcomes should a civil or criminal inquiry arise.

Experience Matters

We have successfully represented:

  • Clients in helping develop effective corporate compliance programs designed not only to lessen the risk of wrongful actions, but to demonstrate 'good faith' efforts should examples of wrongdoing manifest themselves
  • Health care providers such as hospitals, physicians, dentists, employees of health care institutions and private practitioners in a wide range of matters involving allegations of Medicare and Medicaid fraud
  • Corporations and individuals investigated by state and governmental agencies for alleged fraud against government programs, including issues relating to federally insured mortgages
  • Clients involved in antitrust investigations relating to price-fixing in different business sectors
  • Clients in matters involving parallel grand jury and Securities and Exchange Commission investigations and procedures
  • We have litigated a diverse array of cases that include criminal investigations by state and federal agencies—among them, the U.S. Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Postal Inspector and state matters.

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