Michael W. Peregrine
Subscribe to Michael W. Peregrine's PostsMichael W. Peregrine represents corporations (and their officers and directors) in connection with governance, corporate structure, fiduciary duties, officer-director liability issues, charitable trust law and corporate alliances. Michael is recognized as one of the leading national practitioners in corporate governance law. Read Michael W. Peregrine's full bio.
DOJ Guidance on Evaluation of Corporate Compliance Programs: Key Takeaways
By McDermott Will & Emery, Michael W. Peregrine, Michael S. Stanek, Paul M. Thompson, Sarah E. Walters and Tony Maida on May 9, 2019
Posted In Compliance Developments, Government investigation
Boards and management should make use of recent expanded guidance from the US Department of Justice to ensure that their compliance programs are considered “effective” if and when an investigation arises. Companies should affirmatively answer three fundamental questions in evaluating a compliance program: Is the compliance program well designed? Is the program being implemented effectively...
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How to Use the New OIG-HCCA Compliance Resource Guide in Your Compliance Program
By Joshua T. Buchman, Michael W. Peregrine and Tony Maida on Apr 18, 2017
Posted In Uncategorized
Released on March 27, 2017, the Compliance Program Resource Guide (Resource Guide), jointly prepared by the US Department of Health and Human Services Office of Inspector General (OIG) and the Health Care Compliance Association (HCCA) reflects the result of a “roundtable” meeting on January 17, 2017, of OIG staff and compliance professionals “to discuss ways...
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The ‘Practice Losses’ Theory as an Enterprise Risk
By Michael W. Peregrine on Dec 9, 2015
Posted In Stark
Three recent, significant FCA settlements with hospitals involving Stark law allegations may also have unexpected governance implications. To varying degrees in these settlements, the Department of Justice (DOJ) appears to advance the highly controversial position that the Stark law is violated when a health system pays employed physicians more than the net professional income the...
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New Department of Justice Guidance on Effective Compliance Programs
By Michael W. Peregrine on Nov 6, 2015
Posted In Compliance Developments
Health lawyers may want to brief their clients on two new, related developments from the Department of Justice’s (DOJ’s) Fraud Section with direct implications for the organization’s compliance program and the board’s compliance oversight duties. Read the full article from AHLA Weekly.
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Recent ‘Advice of Counsel’ Decisions May Affect Corporate ‘Yates Memo’ Planning
By Michael W. Peregrine on Oct 27, 2015
Posted In Yates Memorandum
Two recent, unrelated federal court decisions may have significant implications for how a corporation, its board and its employees apply the timehonored ‘‘advice of counsel’’ defense in response to civil litigation challenges. In one decision, a court of appeals rejected a corporation’s attempt to rely on the defense, primarily because of problems the court identified...
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New DOJ Actions Impact GC and Compliance Officer Roles—What Should the Board Do?
By Michael W. Peregrine on Oct 20, 2015
Posted In Compliance Developments, Yates Memorandum
Several new, highly publicized fraud enforcement initiatives of the U.S. Department of Justice are likely to impact the roles of the general counsel and chief compliance officer. In most organizations, there are elements of overlap in how these officers relate to the compliance program structure and the conduct of internal investigations. In the context of...
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The Health Care Industry and DOJ’s New Corporate Conduct Enforcement Guidelines
By Michael W. Peregrine and T. Reed Stephens on Sep 18, 2015
Posted In Compliance Developments
Health care leaders should closely note the new guidelines on corporate conduct released on September 9, 2015 by the Department of Justice (DOJ) (Memorandum from Sally Quillian Yates, Deputy Attorney General, U.S. Department of Justice, September 9, 2015, Individual Accountability for Corporate Wrongdoing (Guidelines), available at www.justice.gov/dag/file/769036/download). These Guidelines reflect a substantially increased focus on...
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The Health Care Industry and DOJ’s New Corporate Conduct Enforcement Guidelines
By Michael W. Peregrine and T. Reed Stephens on Sep 18, 2015
Posted In Yates Memorandum
Health care leaders should closely note the new guidelines on corporate conduct released on September 9, 2015 by the Department of Justice (DOJ). These Guidelines reflect a substantially increased focus on individual accountability for corporate wrongdoing, both civil and criminal, and on the importance of corporate cooperation in the context of governmental investigations. It is...
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How DOJ’s New Corporate Conduct Enforcement Guidelines Affect Health Care Providers
By Joshua T. Buchman and Michael W. Peregrine on Sep 18, 2015
Posted In Yates Memorandum
Health care general counsel should advise their clients on the implications of the new guidelines on corporate conduct recently released by the Department of Justice (DOJ). These guidelines demonstrate a substantially increased government focus on individual accountability for corporate misconduct, and on corporate eligibility for cooperation credit in the context of government investigations. Read the...
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Governance Implications of DOJ’s New Compliance Focus
By Michael W. Peregrine on Aug 13, 2015
Posted In Compliance Developments
The board of directors’ audit committee agenda just got quite a bit busier, thanks to a new U.S. Department of Justice staffing decision. On July 30, Fraud Section Chief Andrew Weissman disclosed the DOJ’s decision to create the position of “compliance counsel,” the specific role of which will be to help determine whether corporations subject...
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