Contacts
- 312-627-5680
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Overview
Federal and state law enforcement investigations of companies continue to escalate. Dykema's Government Investigations and Corporate Compliance Team has the experience and skills to provide clients with outstanding representation ranging from grand jury and internal investigations to False Claims Act litigation, to Office of Inspector General (OIG) civil and criminal enforcement matters. Our team is also knowledgeable and insightful in the development and implementation of effective compliance programs that can help prevent wrongdoing or, equally important, assist in reaching favorable resolutions in the event of an enforcement action.
Financial Institutions
Dykema represents financial institutions, their officers and employees in federal, civil and criminal enforcement matters, such as FIRREA investigations and related False Claims Act matters as well as complex litigation. We have substantial internal investigation experience and assist in reviewing issues relating to commercial lending practices, as well as responding to administrative inquiries involving the OCC, Federal Reserve and state regulators. In addition, we counsel financial institutions in responding to governmental inquiries and requests for information.
Health Care Fraud
Health care fraud continues to be one of the U.S. Department of Justice's (DOJ) highest priorities. Indeed, beyond conventional enforcement actions involving Medicare or Medicaid fraud, the government has taken aggressive new approaches in health care enforcement, including a greater focus on fraud involving “private payors.” We understand health care issues and the regulations necessary to defend clients confronting charges such as allegations of improper Medicare and/or insurance company billing. Dykema also has substantial experience handling False Claims Act litigation and qui tam actions with a strong record of successful outcomes.
Qui Tam and Civil False Claims Act
Because False Claims Act litigation has expanded to virtually every business sector, companies and their officers must be prepared to handle whistleblower complaints and anticipate legal issues that can follow. With the increased volume and high risk involved in qui tam suits, experienced counsel is essential to help clients prevail. Dykema has proven experience defending companies in False Claims Act litigation led by the government or a private-party relator, as well as counseling employers in addressing whistleblower claims and developing effective compliance policies.
Internal Investigations
Criminal investigations, civil and contract fraud cases, whistleblower complaints and regulatory inquiries are more prevalent with the economic and reputational stakes higher than ever. We counsel companies with respect to the issues associated with internal investigations and how to conduct these investigations when needed to determine the facts as well as assess the legal and regulatory exposure. Dykema also advises clients on business ethics and risk management needs, to help put into place effective compliance programs that can reduce the risk of wrongdoing and the likelihood of prosecution and the adverse consequences of a civil or criminal inquiry or enforcement action.
Foreign Corrupt Practices Act
With the growth of international trade and cross-border business dealings, companies continue to be closely scrutinized by the federal agencies that enforce the Foreign Corrupt Practices Act (FCPA). Fines and sanctions have increased dramatically, but the DOJ has revised its corporate cooperation program that includes incentives for self-disclosure and remediation. Dykema’s team is up-to-date on DOJ corporate cooperation policies, provides analysis of the FCPA and other anti-corruption measures in order to review their impact on business practices. Dykema also regularly assist clients in designing and implementing compliance programs that reflect “best practices” expected in the industry sector.
Cybersecurity
The acceleration of electronic information storage and data has been accompanied by a dramatic increase in cybersecurity crimes. 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 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. Dykema helps clients with a wide range of cyber-preparedness and response issues including working with federal agencies such as the FBI, cyber-attack assessment and litigation related to data privacy. To learn more about our extensive cybersecurity capabilities, click here.
Compliance
The DOJ continues to modify corporate cooperation policies to add incentives for internal investigations and to educate all employees on the benefits of compliance programs. To minimize the likelihood of future enforcement, we counsel clients on preparing and maintaining up-to-date corporate compliance programs and the development of corporate governance best practices. We are fully versed in the DOJ’s newly issued corporate cooperation policies for the FCPA and False Claims Act that are key considerations in evaluating corporate compliance programs. We are also retained often to assist clients with assessing their compliance programs prior to an issue arising or assisting with program enhancements or remediation when needed.
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 DOJ and the Federal Trade Commission (FTC). These seasoned professionals offer the legal knowledge and practical experience to assist with complex issues related to DOJ and FTC investigations ranging from cartels to mergers.
Experience Matters
We have successfully represented:
- Health care providers such as hospitals, physicians, healthcare management companies, dentists, healthcare-related businesses and private practitioners in DOJ and OIG investigations involving allegations of Medicare and Medicaid as well as private insurance fraud and abuse investigations
- Healthcare insurance companies
- Corporations and individuals involved in governmental investigations for alleged fraud against government programs, including issues relating to federally insured mortgages and government contracts
- Clients in helping develop effective corporate compliance programs
- Clients involved in congressional investigations and hearings
- Clients involved in FCPA investigations
- Clients involved in antitrust investigations relating to price-fixing cartels
- Clients in matters involving parallel grand jury and SEC investigations
- A diverse array of clients in criminal investigations by state and federal agencies such as the U.S. Food and Drug Administration, U.S. Department of Health and Human Services and State Attorneys General
News
- April 26, 2020
- May 20, 2019
- May 8, 2019
- April 8, 2019
- March 5, 2019
- February 20, 2019
- February 15, 2019
- July 27, 2018
- October 2, 2017
- April 10, 2017
- September 21, 2016
- April 27, 2016
- July 17, 2015
- March 16, 2015
- July 2, 2014
- July 2, 2014
- June 13, 2014
- May 29, 2014
- May 23, 2014
- May 14, 2014
- March 28, 2014
- March 17, 2014
- March 17, 2014
- March 10, 2014
- February 25, 2014
- January 2, 2014
- November 7, 2013
- October 21, 2013
- October 15, 2013
- October 14, 2013
- September 27, 2013
- August 2, 2013
- June 25, 2013
- May 30, 2013
- April 2, 2013
- November 2, 2012
Press Releases
- November 5, 2020
- August 20, 2020
- January 29, 2020
- November 1, 2019
- August 15, 2019
- August 6, 2019
- January 10, 2019
- January 8, 2019
- November 1, 2018
- August 15, 2018
- February 5, 2018
- January 25, 2018
- January 23, 2018
- November 1, 2017
- October 26, 2017
- September 18, 2017
- September 5, 2017
- August 15, 2017
- January 13, 2017
- November 1, 2016
- October 18, 2016
- September 6, 2016
- August 15, 2016
- January 11, 2016
- November 2, 2015
- October 22, 2015
- September 8, 2015
- August 18, 2015
- August 3, 2015
- April 6, 2015
- February 11, 2015
- January 13, 2015
- November 3, 2014
- June 7, 2013
- October 29, 2012
- October 27, 2011
- August 17, 2011
- August 9, 2011
- July 14, 2011
- January 5, 2011
Publications
- Law Journal NewslettersSeptember 3, 2019
- Law Journal Newsletters - Business Crime BulletinsMarch 2019
- the Association of Corporate Counsel South Central Texas FOCUSOctober 1, 2018
- Law360January 27, 2017
- Law Journal Newsletters/Business Crimes BulletinJanuary 2017http://www.lawjournalnewsletters.com/sites/lawjournalnewsletters/2017/01/01/the-continuing-evolution-of-the-false-claims-act/?slreturn=20170018153506
- LexologySeptember 22, 2015http://www.lexology.com/library/detail.aspx?g=e0873042-0b5c-47a7-926d-276bba967ff6
- "Corporate Cooperation: What it Now Means for Companies and Employees"Law Journal Newsletters - Business Crimes BulletinJanuary 2015
- Metropolitan Corporate CounselSeptember 23, 2014http://www.metrocorpcounsel.com/articles/30160/internal-investigations-spotlight-role-attorney-client-privilege
- Chicago Lawyer MagazineJuly 2014http://www.chicagolawyermagazine.com/Articles/2014/07/Closing-Argument-Feld-Nelson.aspx
- "Hope Is Not Lost for Defending Mich. Whistleblower Claims"Law 360July 8, 2013
- "The Special Responsibilities of the Prosecutor with respect to Crime Labs, Plea Agreements, Trial Evidence, Impaired Defense Counsel and Brady"8 Criminal Law Brief 22013
- "Environmental Enforcement: The Government Strikes Back"Dallas Bar Association HeadnotesApril 2010
Events & Speaking Engagements
- March 17, 2020
- October 10, 2019
- September 25, 2019
- June 18, 2019
- May 21, 2019
- June 12, 2018
- March 27, 2018
- January 24, 2018
- March 21, 2017
- January 20, 2017
- Complying with Law, Loyola University Chicago Journal of Regulatory Compliance and the Center for Compliance Studies Compliance SymposiumSeptember 23, 2016
- What Do You Do When the Government Knocks on Your Door?,15th Annual Advanced In-House Counsel ConferenceAugust 11, 2016
- April 28, 2016
- March 16, 2016
- June 2014
- June 10, 2014
- To Bribe or Not to Bribe: How Dodd-Frank and Other Recent Developments in Anti-Bribery Law Increase FCPA Challenges, Ethics and Compliance Officer Association 20th Annual Ethics & Compliance ConferenceOctober 4, 2012
- Compliance and Internal Investigations, Texas Lawyer In-House Counsel Summit, Austin TexasAugust 2012
- Money Laundering: What Every Lawyer Needs to Know, Dallas Bar Association CLE, and Collin County Bar AssociationMarch 2012 and July 2012 respectively
- The FBI is Here and Other Calls You Never Thought You'd Get or Make, Texas Association of Defense Counsel Annual MeetingSeptember 2011
- Proactive and Reactive Investigations, ABA Internal Corporate Investigations and Forum for In-House CounselMay 5, 2010
Articles & Alerts
- January 22, 2021
- August 13, 2020
- June 1, 2020
- April 24, 2020
- April 23, 2020
- April 17, 2020
- April 3, 2020
- March 9, 2020
- February 18, 2020
- January 31, 2020
- December 4, 2019
- November 14, 2019
- May 15, 2019
- May 15, 2019
- May 7, 2019
- December 19, 2018
- October 26, 2018
- September 5, 2018
- June 22, 2018
- June 1, 2018
- February 23, 2018
- February 2, 2018
- February 28, 2017
- December 27, 2016
- June 27, 2016
- April 18, 2016
- March 30, 2016
- November 17, 2015
- September 22, 2015
- August 24, 2015
- June 16, 2015
- June 3, 2015
- May 1, 2015
- April 2, 2015
- February 13, 2015
- January 23, 2015
- October 8, 2014
- September 24, 2014
- September 11, 2014
- August 27, 2014
- August 19, 2014
- July 11, 2014
- July 10, 2014
- July 1, 2014
- June 23, 2014
- May 30, 2014
- May 7, 2014
- April 9, 2014
- March 7, 2014
- October 22, 2013
- June 26, 2013
- December 14, 2011
- November 16, 2011
- September 13, 2011