This article originally appeared in The Legal Intelligencer on February 21, 2017
IN-HOUSE COUNSEL
Last fall, the U.S. Sentencing Commission published the results of its study on the federal prosecution of corporations and other organizational offenders. The results of that study, based on sentencing data for the calendar year 2015, says much about the types
A Closer Look: Internal Investigations
Legal Blog with Information & Resources on Internal Investigations
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Five Common Misconceptions About The Yates Memo
This article originally appeared in Corporate Counsel on January 1, 2017.
Much has been written over the last sixteen months interpreting the shift in U.S. Justice Department policy placing greater emphasis on individual accountability for corporate wrongdoing in federal civil and criminal enforcement proceedings. Apparently, not all of it was accurate. In what has become…
The Future of Title IX Enforcement and Gender Identity
This blog post was updated on March 17, 2017 due to the news that SCOTUS will no longer hear Gavin Grimm’s bathroom case.
The evolving field of enforcement of Title IX matters took another turn last week.
On February 22, 2017, the Department of Education and Department of Justice, under the direction of the new…
Research Misconduct – Guilt by Association
At the allegation stage of a research misconduct matter, it may not be known which of several scientists actually committed research misconduct (assuming anyone did), resulting in more than one scientist being named as a respondent. Often, an allegation will be made against the supervising scientist along with the junior scientists in the lab who…
Five Crucial Mistakes to Avoid During PA Administrative Litigation
This article originally appeared in The Legal Intelligencer
In-House Counsel
For attorneys who routinely litigate matters adverse to federal and state government agencies, sometimes referred to as government and regulatory law, the trend has been easy to see. Over the last half century or so, the U.S. Supreme Court has gradually expanded the degree of…
The Scientist’s Scarlet Letter
This article was originally published by TheScientist on December 16, 2016.
It was not until the Supreme Court decided a case concerning marital contraception that the right to privacy became a legally cognizable interest sanctioned by the United States. In 1965, the landmark ruling in Griswold v. Connecticut (381 U.S. 479) held that, when one looks at the…
Impact on Transgender Students as the Meaning of “Sex” Discrimination Evolves Under Title IX
The rights due to a student under Title IX continue to evolve. Title IX prohibits discrimination based on “sex,” which historically has meant that biological male and female students are required to be treated as equals. Recently, a California federal court held that “sex” discrimination also includes discrimination based on a student’s sexual orientation. Videckis…
Research Misconduct Cases: No Need to Fly Solo – Let a Lawyer Be Your Co-Pilot
Often times, when a dispute first arises, even before litigation has begun, one or both sides will hire counsel to assist in trying to resolve the dispute. Even if counsel is not retained at that early stage, however, once litigation is instituted, in most cases neither party appears pro se. In many jurisdictions, a corporate…
Discovery Versus Sequestration – Dealing with Complex Electronically Stored Information (ESI) in Research Misconduct Cases
In litigation, the issue du jour is the discovery of electronically stored information (“ESI”). There are a whole host of issues, such as the particular form in which the ESI should be produced (pdf? native format?), whether data claimed to have been deleted can be restored, and whether the producing party has control of the…
The Challenge Colleges and Universities Face When it Comes to Title IX
Colleges and universities are under pressure from all sides to ensure that their policies and procedures for investigating and adjudicating complaints of sexual assault on campus are compliant with Title IX as well as basic notions of fairness and due process.…