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Compliance at the Speed of Business

As businesses navigate a rapidly evolving global environment, emerging trends in risk and compliance are reshaping company strategies and priorities. Phillips Lytle is poised and ready to provide effective solutions with insights into the challenges and opportunities that organizations encounter.

Phillips Lytle’s Governance, Risk and Compliance Practice was established to assist our clients in understanding their risk exposure and to ensure that they have the appropriate policies, procedures and strategies in place to comply with statutory and regulatory obligations. The primary objectives that constitute an effective compliance and ethics program include prevention, detection and corrective action.

With in-house counsel taking on more of a strategic role in their organizations, we know that it is more important than ever to work with law firms who are able to provide creative solutions, ideas and innovative ways to address the ever-changing regulatory landscape.

Allocating Resources Toward Compliance Management

Every organization must allocate adequate resources to compliance management. Developing, enforcing and sustaining a compliance program demands significant resources. Underinvestment sends a message that compliance is not a priority and may attract unwanted attention from regulators and enforcement authorities.

Establishing a culture of compliance empowers an organization to appropriately avoid penalties, mitigate operational risks, and adhere to industry standards and regulations. Essentially, compliance forms the foundation of effective business governance.

Phillips Lytle attorneys become an extension of in-house counsel’s team to assist in addressing how governance, risk and compliance play into the overall strategic direction of your company and the goals and objectives it has set. Our attorneys forge connections, foster collaboration and develop streamlined, practical methods that are sustainable.

In today’s global market, having a holistic approach to compliance and risk management is critical. Companies face increasingly complex regulations, aggressive government enforcement and greater public scrutiny while striving to implement business initiatives that expand market share, increase profitability and help them stay ahead of the competition. As businesses continue adjusting to these higher expectations, developing and maintaining effective corporate compliance and risk management programs can become a major asset.

Tailored Regulatory Compliance and Risk Management Solutions

Our team works closely with clients to develop a comprehensive compliance perspective to fit the unique needs of their organization. Specific areas of engagement include:

Working collaboratively with the General Counsel, Chief Financial Officer, Chief Executive Officer, Chief Risk Officers, Chief Compliance and Ethics Officers, Chief Privacy and Security Officers, Human Resources, and IT departments to understand the big picture and determine how to “de-risk” the direction your company is taking.
Identifying new regulations on the horizon and the important rulings coming from various agencies, e.g., Corporate Transparency Act.
Offering implementation support—providing risk assessments and then augmenting your company’s team to ensure that there are processes and “fit for Purpose” internal controls in place.
Working directly with IT, legal, compliance, risk and business units to get out ahead of supply chain disruptions, including technology.

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Multidisciplined Counsel in Governance, Risk and Compliance

From corporate clients and private equity to healthcare and immigration, Phillips Lytle is well versed in providing strategic counsel to executives and businesses and navigating the regulatory landscape across multiple sectors. Whether advising a local business or a multi-national corporation, we have the experience in shaping compliance and risk programs that ensure the unique needs and goals of every organization are met.

Compliance and Counseling in Healthcare and Life Sciences

We counsel clients in the healthcare and life sciences industries on a broad spectrum of compliance matters. This includes advising clients on risk management strategies that take into account the potential for litigation, regulatory challenges or other legal issues.

Our Healthcare and Life Sciences Industry Team provides guidance on mitigating risk and ensuring regulatory compliance. Our experience in regulatory compliance for healthcare and life sciences clients extends to regulations promulgated by multiple state and federal agencies including the United States Department of Health and Human Services, state and local health departments, federal and state departments of education, the Food and Drug Administration (FDA), and the Drug Enforcement Administration (DEA). We provide guidance on topics important to the delivery of healthcare such as professional licensing, facility operating certificate requirements, privacy, fraud and abuse, and federal healthcare program conditions of participation; as well as counsel on critical issues regarding drugs and medical devices, including clinical trials, product labeling, marketing and promotion, product recalls and reformulation issues, and other compliance issues and regulations.

Labor and Employment Risk Management and Compliance

The Labor and Employment Practice Team at Phillips Lytle regularly provides companies with the necessary advice and guidance to develop risk management strategies designed to best meet their objectives. Our team counsels clients on potential areas of risk through a mix of proactive advice, training and counseling, handbooks, guides and policies, and several other key topics related to labor and employment.

Internal investigations can be an effective tool in keeping a company in compliance with state and federal law. A properly conducted investigation can uncover areas of risk or noncompliance and help develop the strategies required for an effective response that can mitigate the risk of litigation and other legal issues.

Strategic Regulatory Counsel in Energy and Renewables

Renewable energy projects often need to navigate complex regulations as they’re developed and begin operations. Our Energy and Renewables Industry Team is uniquely positioned to provide counsel to renewable energy projects and facilities on the applicable regulatory framework at the state and federal level. We have the experience to ensure energy projects are properly positioned from siting through decommissioning to meet the rigorous regulations that are in place and follow appropriate process to plan and respond to regulatory challenges.

Regulatory Guidance in Environmental Law

Phillips Lytle’s Environmental Law Practice Team regularly provides guidance to clients on developing and implementing compliance programs that address environmental regulations at the local, state and federal levels. Our thorough approach identifies the applicable compliance requirements and establishes the necessary internal programs and processes to ensure compliance and support clients if compliance issues to arise.

Governance, Risk and Compliance in International Business Law

Navigating the complex legal and rapidly evolving regulatory framework governing international trade can risk exposing businesses to enforcement penalties (potential loss of certain trading privileges) if their policies and procedures are found to be out of compliance. Our International Business Law Practice provides guidance on the internal evaluation and planning necessary to develop strategies to maintain compliance with the constantly shifting nature of trade regulations, foreign investment reviews, sanctions, capital movement and other restrictions that apply to companies engaged in international transactions.

Our team coordinates with internal departments to help craft the strategic direction needed to implement compliance programs tailored to the particular business process of the enterprise, and sufficiently robust to withstand scrutiny or regulatory authorities when needed, to ensure that the unique goals and objectives of each company are met.

Immigration Compliance and Guidance

A key facet of our Immigration Practice is our support to corporate employers on their unique immigration-related needs. We work directly with domestic and foreign-based corporations to identify the proper avenues and strategies to remain in compliance with U.S. immigration. This includes determining the appropriate routes for employees to enter the U.S. market when working for U.S. or foreign corporations, and the necessary support for U.S.-based companies hiring foreign employees, including compliance with I-9 rules.

Our comprehensive immigration approach ensures that we counsel clients on the appropriate internal planning needed to remain in compliance of all relevant immigration laws and regulations.