Research Misconduct
Cohen Seglias’ Research Misconduct Group represents both scientists and institutions across the United States and internationally in matters involving research misconduct (allegations of plagiarism, fabrication, or falsification of data). The stakes in these cases are high, and those individuals accused as well as the institutions handling the investigations risk serious damage to their reputations in the scientific community, the loss of federal research funds, and perhaps even the destruction of their careers.
- Successfully defended an established professor at a major east coast university who was accused of plagiarism. Our attorneys critically analyzed and evaluated the situation and determined that there were several serious procedural flaws in the university’s investigation. Therefore, we demanded that the university withdraw its letter of termination and hold a trial before the University Senate. After a day-long trial in which many witnesses were called, including several of the highest-ranking members of the university administration, we obtained a victory for our client. The termination was defeated and the professor remains at the university to this day.
- Successfully represented a research scientist who came to us after receiving a negative result during the scientific misconduct process that was confirmed by the university’s vice president in charge of research. The scientist’s career was in jeopardy as the institution was planning to send the research misconduct finding against him to the federal government. By convincing the university to reverse its decision, Cohen Seglias preserved our client’s career.
- After filing litigation, we achieved a significant monetary settlement on behalf of a professor who was the subject of a seriously flawed research misconduct investigation conducted by his university. The amount of the settlement was three times higher than any other settlement to which the university was a party.
- Successfully defended a research scientist against allegations of misconduct related to maintaining a registry of patients enrolled in a clinical study. The investigation concluded with a determination that our client had not engaged in research misconduct.
- Successfully defended a research chair at a top institution from numerous allegations of research misconduct, with a final determination by the institution clearing our client of all allegations. Despite an initial recommendation that some papers nevertheless be retracted, we also convinced the institution to work with our client on communicating with the journals to determine whether correction or retraction would be appropriate.
- Successfully represented a tenured professor at a top university in obtaining a final determination by the institution that the allegations against our client arose from honest errors by lab members, and clearing our client of the allegations.
- Successfully represented a Ph.D. student at a private medical school in defending against research misconduct allegations. We persuaded the institution that no investigation was warranted, ending the research misconduct process following only an inquiry, thereby allowing our client to be awarded their degree and begin pursuing a career.
- Successfully defended a tenured professor at a public university through a research misconduct inquiry, demonstrating to the university that the allegations lacked sufficient substance to proceed to investigation. We also demonstrated to the university the need for it to undertake efforts to assist in restoring our client’s reputation, which had been damaged even during this early phase of the research misconduct process.
Our attorneys are sensitive to the issues facing both scientists and their employing institutions, giving us an experienced and sharp perspective in these matters. When representing scientists, we advocate on their behalf to ensure an impartial investigation process including a thorough examination of the allegations and a careful analysis of the issues, while zealously protecting the client’s confidentiality. When representing institutions, we ensure the internal investigative process is handled correctly, safeguard the integrity of the institution’s research and reputation, and seek to protect it from litigation.
Our Group is led by Paul S. Thaler, one of the country’s preeminent attorneys in the field of research misconduct. With more than 30 years of experience handling hundreds of these matters, Paul is recognized around the world for obtaining positive results for his clients. He was the only attorney in private practice invited to present to the 20th Anniversary Conference for the Office of Research Integrity (ORI), which oversees investigations in scientific misconduct on behalf of the federal government. Paul also presented at the ORI Conference in 2017. Paul has been quoted and interviewed in dozens of publications and podcasts on the subject of research misconduct.
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