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Dealing with a Dishonest Party with a Twist: Truth or Consequences – ABA

American Bar Association

Kirsten Scheurer Branigan, Esq. was a panelist on a workplace investigation program presented to a national audience of attorneys entitled, “Dealing with a Dishonest Party with a Twist: Truth or Consequences” for the American Bar Association, Labor and Employment Section of the Employment Rights and Responsibilities Committee’s Midwinter Meeting on March 21, 2018 in Clearwater Beach, Florida. The session explored the impact of the #MeToo movement on investigations, best practices for attorney investigators to ensure impartial investigations, including when they suspect the client is withholding evidence, misrepresenting facts or otherwise impeding the investigation. Panelists discussed how courts examine the integrity of the investigations, including the concepts of a “fully resourced” investigation under the EEOC’s new mandates, “sham” investigations, and avoiding investigator bias.