The U.S. Department of Justice, along with Attorneys General Offices in states around the country, have broad-based powers to initiate investigations, including but not limited to criminal prosecutions, labor and employment, public corruption, securities violations, deceptive advertising, filings of charitable organizations and gaming. In addition, the Attorney General collaborates and coordinates with various federal, state and local agencies conducting investigations.

Accusations from the governmental investigative agencies can have a devastating impact on an organization’s reputation and operation. Having an experienced legal team that understands the powers and limitations of state regulators is critical if your business is targeted. Harris Beach Murtha is that team.

Many of our compliance attorneys have legal and leadership backgrounds addressing compliance matters, audits and investigations at the local, state and federal level. They have broad first-hand knowledge of how regulators and investigators operate legally, administratively and legislatively.

We regularly counsel and defend businesses and individuals in investigative and regulatory matters initiated by states attorneys general. Our team works with clients from the onset of an investigation to evaluate all aspects of the case to develop legal recommendations, weigh the impact of potential parallel inquiries from other regulators and analyze the political and public aspects involved in a case.

Every industry has its own federal and state regulations that must be navigated; Harris Beach Murtha has experience across a wide spectrum of industries: energy, education, financial services, food and beverage, retail and hospitality, gaming, health care, long-term care, pharmaceutical, manufacturing and distributing, cannabis, real estate development, telecommunications and more.

Our skilled and experienced compliance attorneys help design and update ethics and compliance programs that follow industry standards and best practices, as well as all relevant laws, regulations and policies. We help develop clear policies and procedures, train employees and key stakeholders, routinely evaluate and update your compliance program, and help you establish an environment of accountability and compliance. We help reduce your risk of investigation and litigation, which can damage your reputation and hurt your business.

If needed, our highly credentialed attorneys help with guidance and investigation of allegations of misconduct, as well as litigate or negotiate settlements of violations. We regularly conduct high profile national and international internal investigations for an array of clients.

Harris Beach Murtha attorneys counsel employers from multiple industries on compliance with workplace safety and health regulations, defend cases of alleged violations and engage our First Response Emergency, Crisis and Disaster Team to preserve evidence and manage crisis communications.

We are experienced in all facets of OSHA inspections, investigations and adjudication and represent clients in matters such as administrative enforcement, whistle-blowing and civil liability resulting from violations.

Our compliance attorneys assist businesses with developing and implementing workplace safety and health compliance policies and programs, including review of safety programs, standard operating procedures, workplace safety regulations and employee handbooks for compliance with OSHA.

We also provide guidance on evolving regulatory requirements and enforcement directives, such as whistleblower protection provisions, record-keeping regulations and OSHA’s national and regional emphasis programs. We also aid in risk reduction by preparing you for, and representing you during, agency inspections. 

If necessary, our First Response Emergency, Crisis and Disaster Team will respond to the scene of an accident to quickly collect and preserve critical evidence and provide the coordination required to manage critical legal issues, mitigate risk and preserve reputation.

The red tape of contracting with the government can be overwhelming. Harris Beach Murtha’s compliance attorneys are deeply familiar with the requirements around these types of proposals, as well as annual due-diligence questionnaires. We help prepare and submit these documents and represent you should disputes arise.

The mountain of regulations pertaining to health care can be mind-spinning. Mistakes are costly and can seriously damage the reputation of a health care facility. Our team has wide and deep experience in health care, including experience as regulators and facility operators.

We help with compliance, interpreting Medicaid and Medicare regulations, audits and investigations, fraud waste and abuse prevention, Controlled Substances Act diversion control, risk management, patient privacy laws, patient and disability access, cybersecurity, medical staff credentialing, professional disciplinary matters, medical ethics, telemedicine, institutional review boards, contracting, operations, clinical trials, protection of human research subjects and many more areas.

We represent multi-national companies seeking to transfer employees to the United States and other clients navigating the visa process. This includes H-1B and other nonimmigrant visas aiding foreign nationals in entering the United States to engage in specialized employment.

We advise H-1B and H-2 employers subject to Wage and Hour Division enforcement actions under the Fair Labor Standards Act. We also assist corporate clients with I-9 compliance and represent employers in connection with I-9 audits and investigations by U.S. Immigration and Customs Enforcement (ICE). As part of our H-2 seasonal visa practice, we defend seasonal and agricultural employers in state and federal DOL and DHS compliance investigations.

Our experienced team helps with a wide range of labor and employment issues, including compliance with the National Labor Relations Act (NLRA), New York Civil Service Law, Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act (ADA), New York State Human Rights Law, the Connecticut Fair Employment Practices Act, the Massachusetts Fair Employment Practices Law, and other federal, state and local laws pertaining to employment. We provide counsel on wage and hour issues, claims of discrimination, workplace harassment and retaliation, and various anti-discrimination and anti-retaliation provisions. We also help with collective bargaining negotiations, labor arbitrations and development of policies and employee handbooks.

Harris Beach Murtha provides a full complement of services to financial institutions of all sizes, from the largest national and international banks to local banks and credit unions. Our attorneys have extensive experience handling virtually every type of compliance issues a banking institution encounters, on an individual and class basis. Our attorneys handle matters before New York, Massachusetts, Connecticut and other state’s regulatory agencies, as well as federal agencies such as the Federal Deposit Insurance Corporation (FDIC), National Credit Union Association (NCUA), Office of the Comptroller of the Currency (OCC), the Consumer Financial Protection Bureau (CFPB), the Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC).

Title IX compliance for higher education institutions is often challenging. The risk of non-compliance with the U.S. Department of Education’s Title IX guidelines not only includes federal investigation, but reputation damage, decreased donations and diminished faculty and student recruitment.

We assist our clients by creating, reviewing and assessing policies, procedures, standards and protocols for preventing issues. We also train staff, faculty and students.

When challenges arise, we conduct fair and balanced independent investigations and counsel on interim measures. If necessary, we represent you at disciplinary hearings and in court. We also negotiate settlements to avoid litigation, and engage our communications professionals to assist with media and help preserve reputation.

White-collar crime can result in prison terms and hefty financial penalties. Defending white-collar crime is a key component of Harris Beach Murtha’s Government Compliance and Investigations Team. We represent corporations, institutions, public officials and licensed professionals in all aspects of white-collar criminal matters, government investigations and corporate internal investigations. We have attorneys who are former federal and state prosecutors and understand how investigations and winning defenses are built.

We represent clients at all stages of law enforcement and regulatory proceedings at both the state and federal levels. We defend clients in matters concerning bank fraud, breach of fiduciary duties, Qui Tam (whistleblower) actions, environmental crimes, financial fraud, government procurement fraud, health care fraud, mail and wire fraud, perjury and false statements, professional misconduct, public corruption, government ethics, lobbying, Securities Exchange Commission (SEC) investigations and tax investigations.

Harris Beach Murtha has decades of experience providing strategic legal counsel to private and public clients on evolving federal, state and local environmental statutes, rules and regulations. With a team that includes former environmental regulators, we work closely with clients and provide insight and advice on the substantive and procedural requirements applicable to the environmental review, permitting and enforcement processes in order to identify and minimize legal risks and meet regulatory compliance requirements. We regularly represent clients before administrative agencies and tribunals, including with respect to resolving administrative enforcement proceedings and permit hearings, and in connection with government investigations. We also advocate for clients in environmental litigation in state and federal courts.

It is critical to understand and abide by the thicket of legal restrictions governing lobbying before state and local municipalities. Our team has full understanding of these restrictions and provides counsel on interpreting and complying with applicable laws, rules and regulations in this area.

We help with registering organizations and individual employees as lobbyists, preparing and filing disclosure reports, responding to audits and complying with state and city gift bans. We monitor ever-changing regulations and provide in person or webinar trainings, quick reference guides and other educational materials to help you stay in compliance.

Our experienced team includes an attorney who helped the federal government implement the Anti-Money Laundering Act of 2020, the most significant update to the government’s AML framework since 2001. We know the types of problems that lead to government investigations and can help you avoid them – or help defend or remediate enforcement cases or issues.

New York, Massachusetts, Connecticut and many other states across the country have legalized recreational and medical cannabis use, resulting in rapidly developing cannabis markets requiring full-service solutions. As one of the few law firms to offer a comprehensive portfolio of legal services to cannabis clients, integrating knowledge and thought leadership from multiple areas of law, we are well positioned to advise on new laws, regulatory authority and compliance concerns at the state and federal level.

We represent domestic and foreign-based financial institutions and commercial clients on regulatory and international trade compliance, as well as proceedings involving civil enforcement. We also provide counsel on complying with anti-money laundering laws, the Bank Secrecy Act, the PATRIOT Act, and issues involving imports and exports. Our team also defends clients in cases involving sanctions implemented by the Treasury Department’s Office of Foreign Assets Control (OFAC). We assist clients in obtaining export control licenses when foreign nationals have access to Controlled Data.

Harris Beach Murtha established our First Response Emergency, Crisis and Disaster Team recognizing that, in the event of a catastrophe, response time is critical to manage liability exposure. This team helps clients prepare detailed emergency plans to mitigate risk before a crisis occurs. Our team is also available to help with evidence preservation all the way through the post-disaster investigation. Our 24-hour, on-the-scene legal guidance provides the insight, perspective, experience and required coordination to manage critical legal issues, as well as media coverage that could expose your organization to significant liability and reputation damage.

Harris Beach Murtha is different than most law firms in that it offers a team of communications and public relations professionals working with our compliance attorneys to support clients through controversy and crisis situations, such as regulatory violations and investigations, personnel issues, financial-related issues and criminal charges. This combined team works with clients to respond to key stakeholders, minimize risk and liability, and manage reputation with clear and concise communications. We provide communications plans, as well as media relations training and social media monitoring.