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Product ID: 408807EAU
 

Guidance for Antitrust and Privacy Compliance

OnDemand Webinar (59 minutes)

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, and internal audit and other in-house financial personnel. However, events of the past year that have profoundly influenced security and enforcement policies to which persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity. First, the COVID-19 pandemic, its economic benefit programs and massive adoption of remote work have enhanced risks to data privacy and security with respect to personally identifiable and protected health information, and intellectual property. Another risk area concerns avoidance of fraudulent conduct in obtaining federal benefits. Second, the advent of a new presidential administration and increasing activism on both sides of the Congressional aisle have led to efforts, not just to enhance antitrust enforcement, but to reorder antitrust theory itself. While these efforts are primarily directed at the technology and health care spaces, they are having immediate effect on antitrust compliance generally. Third, the security and privacy of digital information increasingly has been threatened by state-sponsored and economically motivated actors. This has created a host of compliance issues regarding adoption and monitoring of best practices, dealing with government enforcement, and even ethical responsibilities of lawyers. Thus, we are going to discuss enforcement shifts with respect to antitrust and data privacy, best practices with respect to compliance and legal policies, and novel compliance issues and risk-minimization strategies.

Authors

Stuart M. Gerson, Epstein Becker & Green, P.C. E. John Steren, Epstein Becker & Green, P.C.

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

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