Biomet's DPA Proves An Inescapable Device

Law360, New York (March 24, 2015, 11:13 AM EDT) -- On March 17, 2015, U.S.-based orthopedic medical device manufacturer Biomet Inc. announced that the U.S. Department of Justice will extend by one year the deferred prosecution agreement executed with the company in 2012, along with the term of Biomet's accompanying compliance monitor.[1] As just the latest in a series of companies facing additional scrutiny from U.S. regulators following the settlement of an enforcement action involving violations of the Foreign Corrupt Practices Act, Biomet's current plight highlights the risks of continuing reporting and disclosure obligations contained in most deferred and nonprosecution agreements. The DOJ's decision to extend Biomet's 2012 DPA, coupled with an ongoing investigation by the U.S. Securities and Exchange Commission, promises to keep the company embroiled in efforts to resolve yet another set of FCPA issues for at least the coming year....

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