Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Ashley Taylor is joined by Vincent DiCianni, founder of Affiliated Monitors, and Kevin Lownds, deputy chief of the Medicaid Fraud Division at the Massachusetts Attorney General's office, to discuss the value and application of independent monitorships by federal and state agencies, especially in consumer protection and health care fraud cases.

The conversation highlights the practical benefits of monitorships for both companies and regulatory agencies. Vincent and Kevin explain how independent monitors act as neutral third parties to oversee the implementation of corrective actions, ensuring compliance with settlement agreements or other legal mandates. They also stress the importance of forward-looking resolutions in enforcement actions, noting that monitorships can help companies establish or improve their compliance programs.

In this episode of Regulatory Oversight, Mike Yaghi welcomes back Brooke Hopkins and Rob Sayegh of Alvarez & Marsal for the second part of their series on ESG compliance. This time, they dive into how companies can gear up for the upcoming Corporate Sustainability Reporting Directive (CSRD) requirements in Europe, which will take effect in 2026.

The conversation centers around three key areas: people, process, and technology. The group emphasizes the importance of a company-wide cultural buy-in and proper training to ensure effective ESG implementation. He outlines essential steps like conducting materiality assessments, aligning ESG strategies with corporate missions, and establishing robust policies and procedures.

Technology's role is also highlighted as crucial for real-time data capture, reducing human error, and standardizing reporting. The discussion highlights technology will be essential for meeting audit requirements and supporting long-term ESG value creation.

The episode wraps up with a reminder that compliance with European ESG regulations is not just mandatory but also beneficial for long-term profitability. The group encourages companies to embrace ESG not merely for compliance but as a strategic advantage.

In the first of a two-part series focused on the complexities of environmental, social, and governance (ESG) standards, Troutman Pepper Partner Mike Yaghi is joined by Brooke Hopkins and Rob Sayegh from Alvarez & Marsal. They dive into the growing importance of ESG, particularly in Europe, where stringent regulations like the Corporate Sustainability Reporting Directive (CSRD) are being implemented. The discussion contrasts this with the ongoing political debate in the U.S., highlighting the need for companies to prepare for upcoming ESG requirements by 2026.

Brooke and Rob discuss the need to weave ESG into corporate governance, the hurdles of tracking and reporting, and the risks of fines and brand damage for noncompliance. They share practical tips on navigating the changing ESG landscape, emphasizing the importance of strong compliance programs and staying ahead of regulatory changes.

In the latest episode of Regulatory Oversight, Troutman Pepper Partner David Dove welcomes Georgia Attorney General (AG) Chris Carr to discuss AG Carr's unique approach to his role. His work is shaped by his experience in the legislative side and economic development, emphasizing the importance of problem-solving and fostering a pro-business environment in Georgia.

They discuss the state AGs' increasing role in pushing back against federal rulemaking, particularly in the absence of congressional action. This leads them to examine the challenges posed by federal regulations, in particular, diving into the Waters of the U.S. rule, the EPA's power plant rule, and the SEC's climate disclosure rule.

They conclude by discussing the evolution of the Georgia AG's office and the future challenges facing AGs, with AG Carr highlighting artificial intelligence and cybercrime as areas of concern.

In the latest episode of Regulatory Oversight, Troutman Pepper attorneys Gene Fishel and Joel Lutz welcome guests Aurelia Lewis and Beth Saunders of Lewis Media Partners to discuss evolving privacy laws and their impact on small to mid-sized businesses. Aurelia, as founder and president, and Beth, as vice-president, highlight their wealth of knowledge and experience guiding companies through effective advertising including media channel planning and buying.

The group discusses pertinent details of a vast array of privacy laws and explore challenges small to mid-sized businesses face in complying with them, while offering guidance on how to navigate this privacy gauntlet. This includes shedding light on potential triggers for regulatory scrutiny and the operational hurdles around digital tracking and data subject rights. Highlighting the critical role of data management and governance, the discussion underscores the need for businesses to thoroughly understand the data they possess and how it is processed in order to avoid privacy law non-compliance and associated penalties.

In the latest episode of Regulatory Oversight, Troutman Pepper Partner Amy Williams welcomes Jenelle Beavers and Rob Sayegh from Alvarez & Marsal. Jenelle serves as a managing director and Rob as a senior director of A&M’s Disputes and Investigations practice.

The group discusses state false claims acts, comparing them to their federal counterparts, and strategizing ways to mitigate FCA risk. They also explore potential FCA exposure for private equity firms, the necessity of robust compliance programs, and the role of third-party reviews in compliance effectiveness.

Jenelle underscores the significant implications of these statutes on companies, especially in the health care sector. Rob highlights investigators' focus areas, including compliance, training, management engagement, third-party reviews, and data management's role in investigations and compliance.

Their insights provide practical tips for navigating state false claims acts, emphasizing the importance of strong compliance structures and preparedness for regulatory investigations.

This episode of Regulatory Oversight spotlights a recent episode of The Consumer Finance Podcast, "Navigating Facility Relocation: Legal and Practical Considerations," featuring David Dove from our Regulatory Investigations, Strategy + Enforcement Practice Group. In this episode, podcast host and Consumer Financial Services Partner Chris Willis converses with David about the legal and practical considerations for businesses planning to relocate a facility to a new state. David shares his insights on the various incentives available at the federal, state, and local levels, including grants, tax incentives, and economic development programs. He emphasizes the importance of strategic planning, regulator engagement, and having experienced legal counsel to ensure businesses maximize their opportunities and navigate potential challenges. The discussion provides valuable insights for businesses considering expansion or relocation.

In this episode of Regulatory Oversight, Ashley Taylor is joined by his colleague Drew Mann to discuss the recent increase in antitrust actions by state attorneys general (AGs) and the potential impact of the State Antitrust Enforcement Venue Act on these enforcement activities.

Drawing from his experience at the Federal Trade Commission (FTC), Drew provides a deep dive into the cooperation among state AGs and the FTC in investigations and litigations. He touches on the role of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force, the Kroger/Albertsons merger case, and the interplay between private counsel and state AGs in antitrust cases.

Ashley and Drew also discuss the purpose of the State Antitrust Enforcement Venue Act and its potential impact on state AG antitrust enforcement. Drew also talks about the coordination among the FTC, the Department of Justice Antitrust Division, and state AGs, including in labor markets.

Drew closes out the podcast with his thoughts on the initiatives that might emerge from the NAAG Multistate Antitrust Task Force in 2024 and 2025.

In this episode of Regulatory Oversight, Ashley Taylor welcomes Oregon Attorney General (AG) Ellen Rosenblum to discuss her new role as president of the National Association of Attorneys General (NAAG).

Rosenblum, the first female state AG in Oregon's history, has served in the role since 2012. As NAAG president, she plans to engage her fellow AGs in developing bipartisan programming at events, sharing ideas, and fostering collaboration. Her presidential initiative, "America's Youth, AGs looking out for the next generation," focuses on technology, healthy bodies and minds, and financial literacy.

Rosenblum shares the history of NAAG, which was created in 1907 to discuss a common approach to antitrust issues related to the Standard Oil Company. Today, NAAG serves as a platform for AGs to collaborate, share insights, and champion the interests of their respective states.

In the latest episode of Regulatory Oversight, Troutman Pepper Partner Judy Jagdmann and Counsel Gene Fishel are joined by Sam Kaplan, assistant general counsel for public policy for Palo Alto Networks. They engage in an insightful conversation revolving around the government response to cyber incidents and the potential role of AI in combating cybersecurity threats.

Kaplan, a former assistant secretary for cyber, infrastructure, risk, and resilience policy at the U.S. Department of Homeland Security, shares his expert perspective on the evolving cyber threat landscape as it relates to critical infrastructure. He categorizes cyber threats into four principal types: ransomware, industrial control system attacks, vulnerability exploitation, and supply chain attacks.

The discussion also addresses the challenges that critical infrastructure operators face, such as the use of legacy systems, IT/OT convergence, lack of skilled resources, regulatory compliance, and data management. Kaplan emphasizes the importance of understanding the regulatory landscape, the need for holistic cyber incident response, and the increasing sophistication and scale of cyber-attacks.

The discussion concludes with a reminder that cybersecurity is an all-encompassing issue that requires ongoing attention from all stakeholders within an organization.