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.

Continue Reading The Challenge Colleges and Universities Face When it Comes to Title IX

This article originally appeared in Corporate Counsel

Part One: The Changing Corporate Counsel Landscape

Gavel with Check List ClipboardIn this renewed era of individual responsibility for corporate malfeasance, corporate counsel would be well advised to help protect themselves from personal liability by taking six steps of their own when notified of allegations of wrongdoing within the company.

Continue Reading Part 2: Six Steps Corporate Counsel Must Take to Protect Themselves During Government Investigations

This article originally appeared in Corporate Counsel

internal-investigationFive years ago, the U.S. Justice Department announced that it had charged GlaxoSmithKline Vice President and Associate General Counsel Lauren Stevens with two counts of obstruction of justice and four counts of making false statements to the Food and Drug Administration (FDA). At issue were allegations that Stevens had sent a series of letters to the FDA denying that the company had promoted its drug Wellbutrin for off-label uses and that she failed to turn over evidence to the contrary, including various slides used by physicians paid by the company to promote the drug’s off-label use.  

Continue Reading Part 1: The Changing Corporate Counsel Landscape

misclassificationResearch misconduct inquiries and investigations are conducted by committees appointed by an institution’s research integrity officer. The committee members are typically scientists, not lawyers. Not only must they analyze the science in question, but they also must ensure that the institution meets all  of  its obligations under both the institution’s misconduct policy as well as federal regulations (if the research is federally funded.) Sometimes an institution will appoint committee members from outside the institution conducting the inquiry and investigation, but it is not required to do so.

Continue Reading The Process of Compiling Investigative Committees

Crisis flow chartA common issue that arises in connection with scientific research misconduct cases concerns what should be done with publications which contain a research record that is the subject of the allegations. This issue can arise even where an inquiry or investigation committee concludes that there was no research misconduct.  

Continue Reading Correct or Retract? Common Issues with Scientific Research Articles