COMPLIANCE COUNSELING

FisherBroyles assists clients to review, design and implement compliance programs that improve their ability to conduct business ethically and in compliance with legal requirements. In today’s heavily regulated business environment, a robust and effective compliance program is a necessity. Regulatory oversight of companies has become increasingly complex and failing to adopt preventative measures can result in costly civil or criminal enforcement actions.

Our attorneys work with clients to design and implement compliance programs that include strong policies and procedures, education and reinforcement through training, certifications and compliance auditing. These programs are focused on preventing and detecting violations, identifying and managing risks while supporting a culture of ethical conduct.   The programs align with the Federal Organizational Sentencing Guidelines’ criteria on what constitutes an effective compliance program as well as adhere to the corporate governance requirements of the Sarbanes-Oxley Act of 2002.

We counsel privately-held and publicly-traded companies to cover the full range of business and legal obligations specific to their needs. Our experience spans many sectors, including manufacturing, healthcare, pharmacy, transportation, energy, financial services, and the food industry. We work with all parties responsible for compliance and risk oversight, from the chief compliance office and staff to the general counsel and board of directors.

FisherBroyles employs an integrated services approach. Our compliance lawyers work in tandem with colleagues in mergers & acquisitions, healthcare, IP, and white collar litigation to provide seamless advice on complex issues and transactional matters. We are able to serve our clients from multiple offices across the U.S. and have formed cross-border alliances to meet our client needs in Europe, Latin America and Asia.

Our lawyers include a former Chief Assistant United States Attorney, Middle District of Florida, Fort Myers Division who prosecuted complex white-collar matters including bank fraud, health care fraud, mortgage fraud, public corruption, and national security matters. The team also includes a Chambers & Partners recognized partner for White Collar Litigation.

Specialty Areas of Practice:

  • Design and implementation of compliance programs
    • Anti-Corruption, Antitrust and Competition
    • Corporate Governance
    • Data and Cybersecurity
    • Employee Benefits
    • HIPAA
    • Government Contracting
    • Intellectual Property
    • Records Management
    • Supply Chain Integrity
  • Conducting risk assessments to identify potential areas of non-compliance
    • Developing procedures and programs to address specific compliance issues
  • M&A and Transaction Support
    • Conducting due diligence
    • Reviewing policy and procedure controls
    • Evaluating transactions for potential anti-corruption liability
    • Assessing arrangements with intermediaries and testing payments made to third-parties
    • Collaborate with forensic accountants to review payments or business relationships for potential violations
  • Education and Training
    • Conducting training at all levels of the organization

Representative Matters:

  • Advised, conducted compliance risk assessment and audit, and implemented a compliance program for international company throughout the Americas.
  • Drafted and implemented a Foreign Corrupt Practice Act and U.K. Bribery Act Compliance & Training program for a global medical device company.
  • Drafted and implemented a Health Care Fraud Compliance & Training program for ten skilled nursing facilities of a closely-held health care company.
  • Advised a global mining company on third-party due diligence and conducted management employee and agent database training for the client’s global operations.
  • Drafted and implemented a Bank Secrecy Act (BSA) Compliance Program and trained employees on “Know Your Customer” procedures and protocols.
  • Advised an independent pharmacy company in regards to compliance due diligence in preparation for a transaction.