Description
Learn best practices with respect to compliance and legal policies as well as riskminimization strategies.One might question the linkage of antitrust and privacy in providing guidance to inhouse counsel, compliance officers, privacy and data security managers, internal audit personnel, and other inhouse financial personnel. However, events of the past year have profoundly influenced security and enforcement policies, and persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity.The first factor is the COVID19 pandemic. The economic benefit programs and massive adoption of remote work have enhanced the risks to data privacy and security regarding personally identifiable and protected health information and intellectual property. Another risk area concerns the avoidance of fraudulent conduct in obtaining federal benefits.The second factor is the advent of a new presidential administration. This has led to efforts, not just to enhance antitrust enforcement but to reorder antitrust theory itself. While these efforts have been primarily directed at technology and health care, they have had an immediate effect on antitrust compliance.The third factor is the threat by statesponsored and economically motivated actors to the security and privacy of digital information. This has created a host of compliance issues regarding the adoption and monitoring of best practices, dealing with government enforcement, and even the ethical responsibilities of lawyers. This material will review enforcement shifts concerning antitrust and data privacy, best practices concerning compliance and legal policies, novel compliance issues, and riskminimization strategies.
Date: 2022-02-18 Start Time: End Time:
Learning Objectives
What Are Some of the Compliance Elements That Ought to Be in Place to Address the Most Immediate Enforcement and Litigation Risks?
• A Corporate Code of Conduct That Includes, Inter Alia, an Antitrust Policy
• Industry-Related Anti-Fraud Training and Operational Compliance Program • Everything From Health Care to Financial Controls to Securities
• Anti-Discrimination and Sexual Harassment/Environment Training
• Cybersecurity and Data Privacy
• Digital Literacy Compliance
How to Benchmark Actual Compliance
• If Youre Going to Have Compliance, You Need to Have Something to Have Compliance With • a Benchmark or Measurable Standard of Success
• You Have to Start With a Risk Assessment
• Coordination With Insurance Underwriter
• The Single-Most Important Measure of Compliance Is Outcome
Antitrust Policy and Regulatory Changes Under the Biden Administration
• Personnel Changes at the FTC and DOJ
• Limitations on FTCs Ability to Seek Monetary Relief Including Disgorgement
• New Merger Studies Involving the Pharmaceutical Industry, Physician Groups and Health Care Facilities
• Congressional Actions Including Repeal of Health Insurance Antitrust Exemption Under the McCarran-Ferguson Act and Focus on Technology Companies
Shifts in Antitrust Enforcement
• Closer Scrutiny of Mergers Particularly in Concentrated Markets
• Challenges to Vertical Transactions
• Increased Use of Criminal Enforcement
• Focus on Technology
• Recent Developments, Including FTC and DOJ Announcement of Their Reconsideration of Merger Guidelines and Effect on Labor Markets and FTCs Revised Complaint Against Facebook®
Data Privacy and Security
• Anticipating the Conflicting Nature of Federal and State Privacy Enforcement
• HIPAA as an Example
• Privacy vs. Security • Privacy and Security
• The No. 1 Threat Is Ransomware
• Use Case Regarding Compliance Best Practices
• Policy as to Ransomware Payment
• Compliance With GDPR, CCPA, Illinois Biometric, and Other, Often Conflicting, State Laws
• Tabletop and Other Breach Preparation
• Technology and Legal Ethics
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Stuart M. Gerson-Epstein Becker & Green, P.C., E. John Steren – Epstein Becker & Green, P.C.
