Learn best practices with respect to compliance and legal policies as well as risk-minimization strategies.
One might question the linkage of antitrust and privacy in providing guidance to in-house counsel, compliance officers, privacy and data security managers, internal audit personnel, and other in-house 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 COVID-19 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 state-sponsored 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 risk-minimization strategies.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
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 You're 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 FTC's 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 FTC's 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
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 18, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- IAPP 1.0
- This course has been approved through the International Association of Privacy Professionals (IAPP) for 1.0 CPE Credit(s). This course is applicable to the following certifications: CIPP/A, CIPP/C, CIPP/E, CIPP/US, CIPM, CIPT.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stuart M. Gerson
Epstein Becker & Green, P.C.
- Former Acting Attorney General of the United States, Assistant Attorney General, and federal prosecutor with hands-on enforcement and policy experience with respect to antitrust, cyber security, and data privacy.
- Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital mergers and other healthcare-related cases
- Successful defense of class action litigation related to the privacy of both PII and PHI
- Broad successful litigation and counseling experience with respect to the Federal False Claims Act and other fraud actions
- As a corporate director, head of a compliance committee in a heavily data-centric industry
- Director of the National Council of Registered ISAOs, related to the adoption of best cyber practices and the fostering of public/private partnerships
- Member of National Chamber of Commerce Working Groups on cybersecurity and Artificial Intelligence
E. John Steren
Epstein Becker & Green, P.C.
- Co-chair of the antitrust service team at the law firm of Epstein Becker & Green, P.C.
- Counseling and defending clients for over thirty years in antitrust matters, including defense of antitrust enforcement actions brought by the Federal Trade Commission and the Antitrust Division of the Department of Justice
- Broad successful litigation experience with respect to antitrust and other competition-related matters, including theft of trade secrets and violations of restrictive covenants
- Contributing author to numerous publications on the topic of antitrust and co-author of the widely circulated blog post Antitrust Byte
- Frequent lecturer on antitrust-related topics
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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