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.
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