Board Governance in the Era of False Claims Act and Dodd-Frank Whistleblowers and Cybersecurity

Rachel V. Rose
Rachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC

For over a decade, her practice has focused on transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims.

On-Demand: August 21, 2024

2 hour CLE

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Program Summary

Both the False Claims Act and the Dodd-Frank Whistleblower Program are two of the United States Government's primary methods for rooting out fraud and returning funds to the federal fisc. Over the past fifteen years, the topic of cybersecurity has increasingly made its way to boardrooms of private, not-for-profit, and publicly traded companies alike. Over the past seven years, government initiatives, which include Executive Orders mandating government agencies adopt certain cybersecurity principles and promulgate regulations and the October 2021 U.S. Department of Justice's Civil Cyber Fraud Initiative have opened companies and boards to greater potential liability. These initiatives, coupled with the inclusion of "governance" in NIST and ISO frameworks should cause companies to reevaluate their enterprise risk management and compliance programs, as well as the related technical, administrative, and physical safeguards.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Appreciate the different ways cybersecurity, the False Claims Act  and Dodd-Frank impact board governance
  • Learn select nuances of these different routes for whistleblowers to take
  • Understand how these laws intersect with cybersecurity and artificial intelligence and liability considerations for individuals and companies alike

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_FedBarRachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA (Houston, Texas) has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For over a decade, her practice has focused on transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. She has conducted HIPAA Risk Analyses for a variety of domestic and international organizations and represented persons related to government enforcement inquiries and responses on cybersecurity and healthcare related matters. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published, a sought-after presenter, and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, a law degree from Stetson University College of Law, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is also the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?, as well as various chapters in legal and medical books alike.

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, SuperLawyers (healthcare), as well as 1st Healthcare Compliance’s 2019 and 2022 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Agenda

I. Noteworthy News | 10:00am – 10:15am

II. False Claims Act and Dodd-Frank Act Whistleblower Nuances | 10:15am – 10:45am

III. Cybersecurity and AI Vernacular | 10:45am – 11:00am

IV. FCA cases Involving Cybersecurity | 11:00am – 11:15am

V. Dodd-Frank Enforcement Actions Involving Cybersecurity | 11:15am – 11:30am

VI. Mitigating Liability on a Corporate and Individual Board and Executive Level Through Compliance | 11:30am – 11:55am

VII. Conclusion | 11:55am – 12:00pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Pending CLE Approval
2 General

Missouri

Pending CLE Approval
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for CLE Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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