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.

In addition to the above, which generally relates to attorney work product, we may be willing to serve also as an expert witness for attorneys in matters related to compliance program structure and effectiveness. Depending on the characteristics of a case, additional expert witnesses may be required in conjunction with our opinion to articulate technical and legal aspects for a particular industry, sector, or other area.