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  Framing a Litigation Strategy in Terms of Compliance

Framing a litigation strategy in terms of compliance issues should be seen as simply a more structured method to accomplish what attorneys are already trying to do--show that a party acted or did not act to prevent the harm in question.

There are uncomplicated courses of action that have been legally recognized as basic to any organizational effort to establish a meaningful compliance program, and they can be presented to juries in easily understandable terms.
 

COMPLIANCE ANALYSIS will try to help the attorney structure his or her case in terms of compliance matters. Our role usually focuses on a scrutiny of the defendant's efforts to prevent, detect, and respond to wrongful behavior. We advise attorneys about the extent to which the evidence indicates a defendant's due diligence, or lack thereof, in the prevention and correction of wrongful acts committed by those who work on behalf of the defendant organization--directors, officers, employees, agents, owners of small businesses, and independent contractors.

It may be important to litigation strategy that the opponent understands early in the process the position that the other party will be taking regarding compliance issues. Accordingly, a central role COMPLIANCE ANALYSIS plays in litigation support is to document essential compliance information through interrogatories and their answers, and through questioning deponents. Should the case be going to trial, we can offer recommendations about presentation of direct testimony and the cross-examination of opponents' experts and other witnesses.

   
   
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