Spotlight on Compliance: Revamping Your Third Party Due Diligence Checklist to Protect Against the FCA’s Expanding Reach

January 23, 2024 10:00am

Lisa LeCointe-Cephas
SVP | Chief Ethics & Compliance Officer, Office of General Counsel

Daniel Spicehandler
VP Compliance, Commercial Divisions

Craig Carpenito
King & Spalding LLP
Former U.S. Attorney, USAO, District of NJ


Tara Shewchuk
Global Chief Ethics & Compliance Officer

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)?