 |
 A Prescription for
Success
Though it faces significant
challenges, the U.S. health care system also offers a wide
range of opportunities for the companies, vendors, investors,
consumers and employers with a stake in the industry. The key:
mastering the governmental interface. ... Read
more
Understanding Shari'ah
Finance
As the economies of the Islamic nations
rise to prominence, so do questions about how to fuel growth
while still complying with the economic principles of Islamic
law. Here’s a guide. ...Read
more |
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Business, says Patton Boggs partner Jim Chadwick, tends to
underestimate the economic impact of the federal government as
a regulator, as a purchaser of goods and services, and as a
funder of programs. As a result, he and other observers
suggest, many companies throw up their hands when faced with
what appears to be an incurable crisis in U.S. health
care.
Across
the world, companies accustomed to traditional forms of money
lending are watching opportunities in hot new markets like
Doha and Dubai pass them by because they haven’t figured out
how to finance their dreams in a culture where “you cannot
make money from money.”
And
yet, as John Vogel, a Patton Boggs
partner, notes, “the deal flow in
Qatar has steadily increased over the past five
years.” On the health care front, savvy executives and
investors who’ve mastered the ins and outs of government
reimbursement, avoided fraud and followed such trends as the
move toward consumer-driven health care have found ways to
succeed despite a situation that publications such as The Economist have labeled the worst
in the world.
What’s
the secret of these companies’ success? A willingness to step
back, look ahead and learn how to navigate these unfamiliar
terrains. Capital Thinking, a new
magazine from Patton Boggs, is dedicated to
providing the compass—and the road map—that will help guide
you as you join these companies on their journey.
Mike Winkleman
Editor
A
crackdown on executive compensation? Avoiding accidental money
laundering. New markets. Hidden risks. ...Read
more
Carter
Pate on doing business with government. Stephen Spoonamore and
Tom Kellermann on combating cybercrime. Scott Chambers on
piracy in China. ...Read
more
CapitalSource’s CEO talks to Capital
Thinking about trends in the converged financial services
industry. Look for more services, more interaction, more
liquidity and, despite a slowing economy, more expansion.
...Read
more |
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Respond as quickly and candidly as
possible —regulators reward cooperation and
responsiveness. |
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The Commission is watching to see
how you respond to notification of misconduct. If you do
identify any misconduct, make sure it stops
immediately. |
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Preserve and segregate all
documents related to the investigation. |
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| 4 |
Call a meeting of the board and the
audit committee. Be careful about using written
communication you might have to disclose
later. |
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Identify internal
whistleblowers—but do not take any steps that could be
seen as retaliatory, threatening or obstructive. Make
sure the witnesses are apprised of their right to legal
representation, if appropriate. |
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This isn’t a party, so keep the
guest list tight. Limit the involvement of unnecessary
people who could later become witnesses. |
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| 7 |
Determine whether outside counsel
is available and otherwise able to handle the
investigation. Telling the Commission to postpone the
investigation because your outside counsel is ‘too busy’
won’t win you any friends at the SEC. |
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Decide whether you need to take any
immediate actions to correct material violations—this
could involve employment terminations or reporting
obligations under Sarbanes-Oxley. |
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| 9 |
Inform the board of the
Commission’s investigation and the status of your
internal investigation and decide if the board and/or
audit committee need their own
representation. |
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| 10 |
Hash over strategy and next steps
with your outside counsel. Then get some rest. The real
work begins
tomorrow. | |