Q&A with the Co-Chairs of Our Internal Investigations Group
Our newsletter team recently sat down with Co-Chairs Christopher D. Carusone and Paul S. Thaler.
Q: Tell us a little bit about your practice.
A: Chris — I conduct internal investigations for the Firm’s clients on a broad range of matters. My background is in law enforcement, where I worked as a prosecutor and criminal investigator in various roles for nearly twenty years. I also represent clients in litigation with government agencies, including administrative enforcement actions. With regard to the Firm’s construction industry focus, I have conducted due diligence investigations for the Firm’s construction clients in order to determine whether MBE/DBE subcontractors are properly qualified. Additionally, my background in law enforcement is applicable to defending allegations of claims by government entities against contractors.
A: Paul — Most of what I work on these days falls within the category of internal investigations. I have represented parties in scientific misconduct matters for over 25 years. These internal investigations typically within a university are overseen by the Office of Research Integrity, part of the Department of HHS, which was established to protect the use of federal dollars in scientific research. When an allegation is made that the research was mishandled, such as by falsifying data, fabricating data, or plagiarism, then an investigation takes place at the university where the scientist is employed. I have represented hundreds of scientists and some institutions in most of the United States. We have also more recently developed a practice assisting universities in Title IX cases. Additionally, I have litigated general civil disputes, typically related to business, for about 30 years.
Q: Part of your practice relates to Title IX. Why is this area of interest growing now?
A: Paul — While Title IX has been around since 1972 to promote equity in the classrooms and athletic fields and prevent sexual harassment at schools and universities, the Obama administration issued guidance to educational institutions bound by the federal law in 2011. The “Dear Colleague” letter gave greater definition to the responsibilities that coordinators have in enforcing the federal law. Failure to properly provide protection, or neglecting to properly investigate allegations of violations, can expose schools and universities to sanctions levied by the Office of Civil Rights within the Department of Education. Over the past six years, there has been a surge in Title IX investigations to try to act responsibly and consistent with the expectations of the federal government.
Q: What types of clients do you work with?
A: Chris — I work primarily with businesses and other organizations that have conflicts with government agencies, sometimes referred to as government or administrative law. This includes the representation of clients in litigation or other enforcement actions brought by federal and state government agencies. During the course of my career, I have represented clients in matters involving the Federal Motor Carrier Safety Administration, Pennsylvania Public Utility Commission, Pennsylvania Department of State, and other federal and state government agencies. My practice is concentrated in Pennsylvania and Washington, D.C., but I often handle matters for our clients that extend outside of the region into other areas of the country. I also conduct internal investigations for my clients.
A: Paul — My scientific misconduct practice is national. Indeed, I have had several cases outside of the United States as well. I have represented primarily research scientists employed by universities or the government. I have also been asked to assist universities themselves in navigating through the investigative process. I have likely represented more scientists in these matters than anybody else in the country. Thus, when allegations of misconduct arise, my name will frequently be discovered by someone in need of a lawyer. Since the potential penalties are severe, and careers and reputations are at stake, parties will very often seek a lawyer.
Q: What do you enjoy most about your practice?
A: Paul — When I have helped protect the career of a scientist who later goes on to achieve an advancement in science, I like to think I have aided that success in a small way. And from those advancements, we all benefit.
A: Chris — Winning!