Credit Details
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
General
Original Air Date:
October 7, 2024
Credit Eligible In:
California
$45
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This panel, with experience across government, defense counsel, and independent monitorships, will provide a 360-degree look at alternatives to traditional penalties and sanctions in corporate prosecutions, civil and regulatory matters, and how compliance-based requirements – including independent monitorships – offer the opportunity to align parties through resolutions that offer benefits for all parties.
After looking at the full spectrum of compliance-based requirements and their use in corporate resolutions, the panel will then deep-dive into the use of independent compliance consultants and monitorships. The panel will offer different perspectives on the use, challenges, potential benefits, and practical learnings of monitorships. This panel is sure to offer lively discussion when a current government attorney, a former government attorney, a defense attorney, and an independent monitor take the stage to discuss the considerations that all parties undertake when deciding to use an independent monitor, the selection process, the role of the monitor, the reporting aspects of monitoring, and the benefits and negative aspects of agreeing to a monitor.
Perspective discussions will include:
– The Government’s Perspective:
– Benefits, challenges, and considerations when considering independent monitoring as a continued oversight tool to ensure effective implementation of remedial actions, satisfaction of government requirements, and a pathway to regain government stakeholder trust.
– The Defense Counsel Perspective:
– The opportunity that compliance-based resolution solutions like independent proactive reviews can offer during the investigation and cooperation phase.
– How the consultant and monitorship alternatives are raised and weighed during the negotiation and resolution phase.
– How these alternatives can speed up or slow down resolutions.
– The role an independent party can play in improving the client/counsel relationship.
– Considerations for counsel when a monitorship is on the horizon for a client.
– The Independent Monitor’s Perspective:
– Aligning all parties.
– Identifying the “client.”
– The real benefits of a monitor.
– Addressing scope creep.
– The monitor’s duties.
– Using monitoring as a sword to avoid more severe penalties and sanctions.
Vincent L. DiCianni founded Affiliated Monitors, Inc. (AMI) in 2004 and has served as the company President since its inception. His vision was to create a company that offered independent monitoring and compliance consulting services to assist government agencies and those who contract with, are licensed, or regulated by those agencies. Affiliated Monitors has built a team of professionals with extensive experience as attorneys, auditors, data analysts, investigators, and regulators. He has served as the lead or co-lead in a number of high-profile matters.
Christina Tusan is the founder of Tusan Law, PC, where she and her firm investigate and litigate consumer protection, privacy, product liability, and whistleblower cases on behalf of consumers. She is an award-winning consumer protection trial attorney who has investigated, prosecuted, and supervised the litigation of complex unfair competition cases in federal and state courts on behalf of the Federal Trade Commission, the California Attorney General, and the Los Angeles City Attorney’s Office. Ms. Tusan has obtained judgments or negotiated settlements on consumer protection matters valued at over $1 billion. Ms. Tusan has spent the last 26 years successfully investigating and litigating Unfair Competition Law (UCL) cases, False Advertising Law (FAL) cases, and Unfair or Deceptive Acts or Practices (UDAP) Cases on behalf of consumers.
Ms. Tusan’s work has been recognized as exceptional by state and federal agencies, national organizations, and the California Lawyers Association. She received the SIRIS Investigation of the Year Award from the National Health Care Anti-Fraud Association and the Consumer Protection and Unfair Competition Law Award from the California Lawyers Association’s Antitrust and Consumer Law Section in 2025. The California Attorney General recognized her contributions by selecting her as the recipient of an “Award for Excellence,” and the Federal Trade Commission gave her three different awards for her work while at the agency. One news article describes a prenatal vitamin case she investigated and settled as a case that “could change an industry.”
Kevin Lownds is the Deputy Chief in the Office of Massachusetts Attorney General Andrea Joy Campbell, Medicaid Fraud Division, where he investigates and prosecutes health care fraud in federal and state court. Kevin has been in the Medicaid Fraud Division since May 2017 and has conducted investigations and led prosecutions of mental health providers and private equity investors, clinical laboratories, nursing homes, home health agencies, and physicians. Prior to this role, Kevin was a Senior Associate at WilmerHale LLP in Washington, DC, where he practiced white-collar criminal defense and complex civil litigation. Kevin is a graduate of Georgetown University Law Center and Tufts University.
Vince Farhat is a partner in JMBM’s Los Angeles office and chair of the White Collar Defense and Investigations practice. Vince has extensive jury trial experience and focuses his practice on representing companies and individuals in criminal and civil investigations and prosecutions by government enforcement agencies, as well as complex federal litigation. He also advises companies in connection with complex and sensitive internal investigations.
Watch any CLE and your certificate is automatically emailed to you within minutes and is also stored in your BHBA+ profile for easy access. Login to BHBA+ and effortlessly visualize your CLE credits, monitor deadlines, and stay ahead of your compliance requirements with our intuitive progress tracking. Stream all CLEs on your phone, tablet, and computer when and where they fit your schedule.
This program is free for members at the Sustainer or higher level and OnDemand subscribers. Economy members pay the full rate. Join first, then login to BHBA+ to access this program.
Watch any CLE and your certificate is automatically emailed to you within minutes and is also stored in your BHBA+ profile for easy access. Login to BHBA+ and effortlessly visualize your CLE credits, monitor deadlines, and stay ahead of your compliance requirements with our intuitive progress tracking. Stream all CLEs on your phone, tablet, and computer when and where they fit your schedule.
Live Webinars are free for all members. OnDemand is free for members at the Sustainer or higher level. Economy members pay the full rate.
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