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 v. Pepperdine University, 150 F. 3d 1151 (U.S.C.D. Calif. 2015). Continue Reading Impact on Transgender Students as the Meaning of “Sex” Discrimination Evolves Under Title IX
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 party is not even permitted to appear pro se. Litigation then proceeds with opposing counsel handling all aspects (albeit in consultation with their clients). Continue Reading Research Misconduct Cases: No Need to Fly Solo – Let a Lawyer Be Your Co-Pilot
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 production or whether the requesting party can send in its own technological team to copy the data. These are just a few of the ESI related issues that are generating much discussion – between parties and their counsel, among the Judiciary, and among the bar.
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.
Continue Reading The Challenge Colleges and Universities Face When it Comes to Title IX
Part 2: Six Steps Corporate Counsel Must Take to Protect Themselves During Government Investigations
This article originally appeared in Corporate Counsel
Part One: The Changing Corporate Counsel Landscape
In 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.
Part 1: The Changing Corporate Counsel Landscape
This article originally appeared in Corporate Counsel
Five 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
The Process of Compiling Investigative Committees
Research 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
Correct or Retract? Common Issues with Scientific Research Articles
A 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