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The Patient Protection and Affordable Care Act and its Effect on Franchising
The dominant issue in the U.S. political and media landscape heading into 2014 continues to be the implementation of the Patient Protection and Affordable Care Act (ACA) and its potential impact on the U.S. economy. Many consider the ACA to be a milestone in moving the American health care system toward greater efficiency, increased coverage and improved quality of care. Many others, however, remain concerned that the law will have detrimental consequences for individuals, employers and the health care industry. The ACA's reforms were designed to improve individuals' access to health insurance coverage and bolster the quality of products available ' particularly because, beginning in 2014, most individuals will be required to either purchase health insurance or pay a tax penalty. However, critics continue to voice concerns that individuals will not be able to keep their current health plans if they like them and argue that some provisions will have a detrimental impact on hiring practices, the prevalence of full-time employment and administrative costs, particularly among small businesses.
As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs. Navigating the ACA amidst myriad news reports, political talking points, commercials and editorials can be challenging at best. However, there are some clear knowns ' and unknowns ' that franchisors and franchisees must be aware of today in order to be prepared for tomorrow.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.