Recent government enforcement initiatives and settlements show the expanding reach of the FCA and a willingness to assert liability based on the actions of third parties. As the services that receive government funding become increasingly decentralized, in-house counsel must revamp their due diligence checklists to avoid enforcement risks. In this session, in-house and defense counsel will take you through the questions to ask when:

• Applying recent DOJ and OIG compliance program guidance to the evolving FCA landscape
• Developing new strategies to satisfy third-party compliance
  • How far down the supply chain should you conduct due diligence?
  • Formalizing requirements that business partners, agents abide by the same compliance standards as the company
  • Best strategies for interviewing third parties on potentially problematic conduct
  • Knowing which red flags can be resolved and when you should walk away from certain relationships
• Reviewing best practices for compliance during M&A (due diligence as well as integration)
  • Exploring the risk implications when the acquired company has been funded by a private equity firm
• Fine-tuning speaker programs in healthcare and strategies to ensure the procedures and policies are being followed by agents and other third parties
  • Unpacking the OIG Special Fraud Alert
  • Identifying when affiliation rules may implicate and FCA or AKS violation
• Practically scoping internal investigations and how to manage third parties during the process
• Considering how to best manage the implications of the Monaco memo, recidivism, and inter-agency collaboration
  • When do FCPA risks play into FCA risks (and vice versa)?