Analysis Group Consultants Discuss the Importance of an Evidence-Based Approach to Assessing Liability in Cases of Corporate Misconduct

April 08, 2016

Increasingly, in both litigation and regulatory settings, allegations of corporate misconduct include broad-based criticisms of the organizations in question — and, by extension, their leadership. In “Assessing Liability in the Context of Corporate Misconduct” (Law360, March 25, 2016), Managing Principal Brian Gorin and Vice President Kristen Comeaux discuss the importance of evidence-based assessments in order to “[draw] an accurate distinction between an isolated incident or decision and broader organizational misconduct.” 

Mr. Gorin and Ms. Comeaux have worked with clients and leading academics on questions of organizational misconduct in strategic, regulatory, and litigation contexts. While the nature and scope of these assessments can vary widely, they have in common a scientific, evidence-based approach to support or refute claims of systemic negligence or malfeasance. These assessments, when properly conducted, can mean “the difference between compensatory and punitive damages and, potentially, criminal liability.”

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