Directory of In-House Counsel

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Directory of In-House Counsel DIRECTORY OF 2019-2020 Private and Real Estate Public Companies and Energy and Private Development & Equity Investment Financing International and Domestic Transactions and Dispute Resolution Intellectual Property & Global Brand Executive Management Compensation & Business Succession Family Offi ces, Estate & Charitable Data Security Planning & Compliance Our work is all over Boston. Our name is Day Pitney. Local Knowledge. International Reach. Wherever you look in Boston, you see the impact of Day Pitney clients — from leading fi nancial enterprises and real estate developers to energy and technology companies to non-profi t institutions to individuals and families of wealth. As a full-service law fi rm with more than 300 attorneys, we proudly provide sophisticated legal advice with exceptional client service. Let us help you make your mark on Boston. CORPORATE & BUSINESS LAW | LITIGATION | TRUSTS, ESTATES & FAMILY LAW BOSTON CONNECTICUT FLORIDA NEW JERSEY NEW YORK WASHINGTON,DC www.daypitney.com Sponsored Content Missions &Visions municipal or international, takes a look at a a great deal of work with the Massachusetts company and finds that it has done something Chiropractic Board and then the Medicaid Fraud wrong, but not to the level that requires a criminal Control Unit. Independent monitors expanded to prosecution to put the company out of business. other state agencies and regulatory boards, and Instead, the government takes more of a remedial then the DOJ started using independent monitors approach in which the company is allowed to stay as well. It has been very interesting to see how all in business but needs a neutral third party with of this has developed over the years with such great the wherewithal, integrity and professionalism to expansion as government agencies have recognized oversee its work and make sure the fixes being put that independent monitors serve a valuable role. in place are real. Q: What are the benefits for agencies using an Q: Can you give some examples of how independent monitor? independent monitoring is used at the various A: Government agencies often lack the resources government levels? and the independence for ongoing monitoring. When A: On the federal side of things, the Department they use a monitor, they get a free service (the com- of Justice uses monitors under deferred prosecution pany being monitored pays the cost), allowing the and corporate integrity agreements. We just finished agencies to focus on oversight and enforcement. a case involving Fair Claims Act violations, where And agencies see real remediation and accountabili- the DOJ allowed the company to stay in business ty in monitored entities. but required that it be monitored for ethical compliance and to make sure the risk of corruption Q: How is independent monitoring being used was reduced. We act as a monitor on behalf of in Massachusetts currently? Are there other areas where it could be a useful resource for government Vincent L. DiCianni the Federal Communications Commission for the merger between AT&T and DIRECTV. That case is agencies? Fifteen years ago, Vincent L. DiCianni left the not an enforcement action but one of the conditions A: Independent monitors are starting to take practice of law to found Affiliated Monitors, Inc., a placed on the merger was the use of a monitor. We more of a foothold in Massachusetts although Boston-based company that provides independent their use is still monitoring services for government agencies, as somewhat limited. well as consulting services. “We love the challenge We’ve been of taking a company at its darkest moment, “Independence and collaboration working with the helping them get through their agreement with the Massachusetts government to fix their problems and demonstrating are not mutually exclusive.” Medical Board and through a third party that they accomplished Chiropractic Board what they had to do,” he says. “That is immensely do a lot of work on the state level with the Medicaid for 15 years, but we’re also starting to see the gratifying.” Fraud Control Unit in the Attorney General’s Office, use of monitors in the gaming industry and the as well as the Department of Health and multiple Department of Health. DiCianni recently sat down with Lawyers Weekly to state licensing boards. discuss his work. Q: What are your firm’s greatest strengths? Q: How would you describe Affiliated Monitors’ A: We created Affiliated to be independent. We Q: What is Affiliated Monitors and mission? what does it do? are neutral. We are not an advocate for the entity A: Our mindset is that we provide independent, being monitored, nor are we an investigator for the A: The company does two different remedial monitoring services. We really stay true government. That neutrality is a strength. We also things in the same realm. We provide to that principle. If a government agency makes have great experience. In our 15 years, we have monitoring services for government Q the decision that a company should stay in busi- handled more than 750 monitorships, large and agencies under the terms of various ness and be fixed, then that is our goal. We view small, around the world. And we have a great team agreements — such as settlement and ourselves as helping that company along. Indepen- of people, who bring integrity and passion to their agreements, deferred prosecution dence and collaboration are not mutually exclusive. work. agreements or corporate integrity agreements — that allow the Q: How is independent monitoring a resource for Q: What areas do you see as having the most company to remain in operation, A attorneys? potential for growth in 2020? albeit with a mandate to fix their A: Attorneys are starting to use monitoring as A: We are going to see greater use of problems. The second thing we Vincent L. a proactive negotiation tool, especially once they independent monitoring for pharmaceutical do is provide consulting. Perhaps understand the company can stay in business. companies and social media — data privacy is just there was a highly publicized DiCianni Some attorneys have trepidation about an a huge issue. We’ll continue to see expansion in the government action against an FOUNDER, independent monitor being in their client’s offices monitoring of government contractors and the use entity in a particular industry. AFFILIATED and looking at records, transactions and processes. of independent monitors in conditional approvals, MONITORS, INC. Other companies will then come However, over the years we have worked with many such as hospital mergers. Other areas that are ripe to Affiliated Monitors pro-actively attorneys to help them understand that monitoring for the expanded use of monitoring are educational for an independent evaluation of their compliance can be a benefit to their clients. Rather than fighting matters and oversight of public charities. practices, ethical culture and regulatory controls the agency not to put a monitor in place, we are in an effort to avoid a similar result. We work with seeing a shift where attorneys are coming forward companies of all shapes and sizes across the and encouraging the government to use a monitor country, from local companies to multi-national in order to keep the company alive. CONTACT INFORMATION corporations. Q: As the founder of the company, how have you P.O. Box 961791 Q: What is independent monitoring and how is it seen the use of independent monitors change over Boston, MA 02196 used? the years? 617-275-0620 A: Independent monitoring occurs when a A: When we started in 2004, independent https://www.affiliatedmonitors.com/ government agency, whether federal, state, monitors were used very rarely. Initially, we did Letter from the Publisher WELCOME TO THE 2019-2020 DIRECTORY OF NEW ENGLAND IN-HOUSE COUNSEL We are proud to provide you with the most comprehensive catalog of its kind, and we hope you find it to be a valuable reference tool. Lawyers Weekly is committed to serving corporate counsel throughout the region, and this year’s edition has been extensively reviewed for accuracy and completeness. Our goal is to enhance your access to in-house attorneys throughout New England. New England In-House, our quarterly publication, provides the news and information corporate counsel need in their practices. Please visit www.newenglandinhouse.com to register for a complimentary subscription. I encourage you to contact me at [email protected] with any suggestions and comments on how to improve the Directory of New England In-House Counsel. Additionally, if any updates are required for your company’s listing, please use the correction form below, or email us at [email protected]. In case you didn’t already know, corporate attorneys can find a wealth of information every day on Massachusetts Lawyers Weekly’s website, masslawyersweekly.com, and on Rhode Island Lawyers Weekly’s website, rilawyersweekly.com. Don’t forget to mark your calendars! Our Leaders in the Law Gala will be taking place March 5, 2020. This event honors select in-house lawyers and others and is a festive, well-received celebration of the in-house community. Thank you for making the Directory of New England In-House Counsel a part of your legal reference material. Because of the frequent turnover of corporate counsel, Lawyers Weekly cannot assure the information in this directory is the most recent information of its kind available at any given time. Lawyers Weekly’s Directory of New England In-House Counsel 2019-2020 is intended for use as a supplement for other sources of information and should not be used as a substitute for reasonable investigation or the exercise of reasonable judgment by the user. Federal copyright law protects the Directory of New England In-House Counsel 2019-2020. Unauthorized re-production or distribution of Lawyers Weekly’s Directory of New England In-House Counsel 2019- 2020, or any portion thereof, is strictly prohibited, and may result in severe civil and criminal penalties, and will be prosecuted to the fullest extent permitted by law.
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