DOAR represented plaintiffs in a gender discrimination class action lawsuit against Novartis Pharmaceuticals on behalf of 5,600 female employees. The challenge was proving systemic discrimination through individual anecdotes. DOAR focused on using documents and analytical graphics to show the widespread nature of pay and promotion discrimination and the company's awareness of issues. Through trial preparation, multimedia presentation, and jury consulting, the plaintiffs prevailed, with the jury awarding $3.3 million in compensatory damages and $250 million in punitive damages.
"Show me the money": evidence from and for accountability (Christina Laybourn...ALNAP
This document discusses the intersection of accountability and evidence generation in humanitarian work. It begins by analyzing self-regulatory initiatives like the Humanitarian Accountability Partnership certification process and the Disasters Emergency Committee accountability framework which involve collecting, analyzing and using evidence to assure accountability to external stakeholders. It then discusses how accountability mechanisms themselves can generate evidence through participatory evaluations, feedback mechanisms and consultations. Finally, it outlines some limitations like internal organizational barriers preventing cross-fertilization between evidence and accountability, and the backwards-looking nature of most evidence which doesn't support adaptive capacity or anticipate future crises. It proposes dialogues for disaster anticipation and resilience to address these issues.
This document provides an overview and summary of key employment law developments from 2011 and what to expect in 2012. It discusses trends in EEO charges continuing at record highs and expansions of protections under the ADAAA, GINA, and ADEA. Retaliation claims are also taking center stage. The document reviews developments regarding whistleblowing protections and incentives. It covers diversity and inclusion initiatives as well as the rise of social networking in the workplace and related NLRB cases. The central role of HR and employment law compliance in ethics programs is examined. Wage and hour issues are identified as a major risk for many organizations.
The document discusses Novartis, a Swiss pharmaceutical company. It provides background on Novartis, including that it was created through a 1996 merger. It then discusses Novartis' case regarding an Indian patent, with timelines of key events from 1997 to 2009. Finally, it summarizes that Novartis spent very little (0.03%) of its Indian revenue on research and development in India, contradicting claims that restricting patents would reduce innovation.
This class action lawsuit alleged that the defendant employer failed to pay employees for all hours worked by paying them a fixed salary instead. With no official timekeeping records, the plaintiffs relied on the lack of records to support their $23 million claim. The litigation consulting firm DOAR helped the defense by organizing electronic documents, developing a case strategy through jury research, creating visuals to summarize key records and business processes, and managing trial technology, resulting in a defense verdict after brief jury deliberations.
Navigant is an expert services firm that assists clients with data breach and trade secret theft investigations by quickly analyzing evidence to assess the scope of the incident, identify compromised data and systems, and help clients address legal and regulatory requirements to resolve the matter. They have experience investigating hacking incidents, employee theft of trade secrets, and other data breaches to determine how the theft occurred and what information was accessed in order to mitigate risks and impacts for clients. Navigant takes a multi-phase approach to investigations that includes collecting evidence, analyzing the scope of the incident, and advising clients on notification, regulatory responses, damages, and strategies to prevent future incidents.
Navigant is an expert services firm that assists clients with disputes, investigations, and critical business risks. They help organizations address data breaches and theft of trade secrets through a comprehensive process. This includes investigating security incidents, analyzing compromised data and systems to understand the full scope, and helping clients resolve issues by advising on notifications, regulatory responses, damages, and security improvements to prevent future incidents. Navigant leverages forensic and analytical expertise to swiftly determine the methods, extent, and implications of data breaches and trade secret theft.
EmpiriStat is a biostatistical consulting firm that offers various clinical research services including biostatistics, data management, clinical monitoring, safety monitoring and reporting, and project management. The company was founded with a goal of discovering the truth through rigorous methodologies and experience. EmpiriStat brings over 15 years of experience collaborating with clients on a wide range of studies. The company is committed to excellence, building long-term relationships, and tailoring services to meet client needs.
"Show me the money": evidence from and for accountability (Christina Laybourn...ALNAP
This document discusses the intersection of accountability and evidence generation in humanitarian work. It begins by analyzing self-regulatory initiatives like the Humanitarian Accountability Partnership certification process and the Disasters Emergency Committee accountability framework which involve collecting, analyzing and using evidence to assure accountability to external stakeholders. It then discusses how accountability mechanisms themselves can generate evidence through participatory evaluations, feedback mechanisms and consultations. Finally, it outlines some limitations like internal organizational barriers preventing cross-fertilization between evidence and accountability, and the backwards-looking nature of most evidence which doesn't support adaptive capacity or anticipate future crises. It proposes dialogues for disaster anticipation and resilience to address these issues.
This document provides an overview and summary of key employment law developments from 2011 and what to expect in 2012. It discusses trends in EEO charges continuing at record highs and expansions of protections under the ADAAA, GINA, and ADEA. Retaliation claims are also taking center stage. The document reviews developments regarding whistleblowing protections and incentives. It covers diversity and inclusion initiatives as well as the rise of social networking in the workplace and related NLRB cases. The central role of HR and employment law compliance in ethics programs is examined. Wage and hour issues are identified as a major risk for many organizations.
The document discusses Novartis, a Swiss pharmaceutical company. It provides background on Novartis, including that it was created through a 1996 merger. It then discusses Novartis' case regarding an Indian patent, with timelines of key events from 1997 to 2009. Finally, it summarizes that Novartis spent very little (0.03%) of its Indian revenue on research and development in India, contradicting claims that restricting patents would reduce innovation.
This class action lawsuit alleged that the defendant employer failed to pay employees for all hours worked by paying them a fixed salary instead. With no official timekeeping records, the plaintiffs relied on the lack of records to support their $23 million claim. The litigation consulting firm DOAR helped the defense by organizing electronic documents, developing a case strategy through jury research, creating visuals to summarize key records and business processes, and managing trial technology, resulting in a defense verdict after brief jury deliberations.
Navigant is an expert services firm that assists clients with data breach and trade secret theft investigations by quickly analyzing evidence to assess the scope of the incident, identify compromised data and systems, and help clients address legal and regulatory requirements to resolve the matter. They have experience investigating hacking incidents, employee theft of trade secrets, and other data breaches to determine how the theft occurred and what information was accessed in order to mitigate risks and impacts for clients. Navigant takes a multi-phase approach to investigations that includes collecting evidence, analyzing the scope of the incident, and advising clients on notification, regulatory responses, damages, and strategies to prevent future incidents.
Navigant is an expert services firm that assists clients with disputes, investigations, and critical business risks. They help organizations address data breaches and theft of trade secrets through a comprehensive process. This includes investigating security incidents, analyzing compromised data and systems to understand the full scope, and helping clients resolve issues by advising on notifications, regulatory responses, damages, and security improvements to prevent future incidents. Navigant leverages forensic and analytical expertise to swiftly determine the methods, extent, and implications of data breaches and trade secret theft.
EmpiriStat is a biostatistical consulting firm that offers various clinical research services including biostatistics, data management, clinical monitoring, safety monitoring and reporting, and project management. The company was founded with a goal of discovering the truth through rigorous methodologies and experience. EmpiriStat brings over 15 years of experience collaborating with clients on a wide range of studies. The company is committed to excellence, building long-term relationships, and tailoring services to meet client needs.
Workshop report ema 2012 nov 22, access to dataMarilyn Mann
The European Medicines Agency held a workshop on increasing transparency of clinical trial data.
The Agency's director stated their commitment to publishing clinical trial data after marketing authorization. Experts debated issues around data transparency from various perspectives. The Agency will form advisory groups to develop proposals on how to implement proactive clinical trial data publication by January 2014.
Towards evidence-aware humanitarian practice: the role of donorsALNAP
DFID is working to promote evidence-aware humanitarian action by (1) increasing investment in primary research and evidence synthesis, (2) providing training and guidance materials to humanitarian practitioners, and (3) creating incentives for technical excellence and using evidence in decision-making. However, challenges remain around issues of knowledge and power, capacity, clearly defining incentives and what constitutes "good enough" evidence for humanitarian contexts.
INC Research provides clinical trial services with a focus on therapeutic expertise, trusted results, and a proven process. They have experienced teams with therapeutic and industry knowledge. Their Trusted Process involves (1) PlanActivation to strategize and prepare for trials, (2) QuickStart to efficiently launch trials with team collaboration, (3) ProgramAccelerate to actively manage trials, and (4) QualityFinish to smoothly complete trials and analyze results. INC Research specializes in areas like oncology, CNS, and cardiovascular trials.
This report summarizes initiatives by the Pennsylvania Board of Probation and Parole to strengthen its decision-making policies and practices. The Board conducted a thorough review of its risk assessment protocol, decision-making instrument, parole conditions, and responses to parole violations. This led the Board to refine its tools and practices to better incorporate evidence-based principles like using validated risk assessments and targeting interventions based on risk levels. The Board also committed to increased transparency by publishing information about its goals, tools, and decision-making process.
This report summarizes initiatives by the Pennsylvania Board of Probation and Parole to strengthen its decision-making policies and practices. The Board conducted a thorough review of its risk assessment protocol, decision-making instrument, parole conditions practices, and responses to parole violations. This led the Board to refine some practices to better incorporate evidence-based principles like targeting interventions based on assessed risk and need. The Board also committed to publishing information about its decision-making framework to increase transparency and public understanding and confidence.
This document provides guidelines for law enforcement on examining digital evidence. It discusses developing policies and procedures, assessing evidence, acquiring evidence while maintaining integrity, examining evidence, and documenting examination results. The intended audience is law enforcement officers responsible for digital evidence examination. It is not mandatory but offers best practices to help agencies develop their own policies. The guidelines emphasize maintaining evidence integrity during collection and examination.
This document provides an overview of EmpiriStat Inc., a biostatistics firm. It discusses EmpiriStat's goal of using rigorous methodologies to discover truths as close to possible. It outlines the services EmpiriStat provides, including biostatistics, data management, clinical monitoring and regulatory support. It emphasizes EmpiriStat's commitment to excellence, responsibility, integrity and building long-term client relationships. Selected case studies demonstrate EmpiriStat's ability to efficiently complete projects under tight timelines.
The document discusses limitations in medical malpractice research due to issues with data availability and methodology. It notes that missing or inaccurate data from various sources like jury verdicts and insurance claims, as well as lack of standardized research methods, have led to inconsistent findings. The document describes efforts by researchers to address these weaknesses through improved data collection and more rigorous study designs in order to provide stronger evidence to guide policy solutions.
Workshop report ema 2012 nov 22, access to dataMarilyn Mann
The European Medicines Agency held a workshop on increasing transparency of clinical trial data.
The Agency's director stated their commitment to publishing clinical trial data after marketing authorization. Experts debated issues around data transparency from various perspectives. The Agency will form advisory groups to develop proposals on how to implement proactive clinical trial data publication by January 2014.
Towards evidence-aware humanitarian practice: the role of donorsALNAP
DFID is working to promote evidence-aware humanitarian action by (1) increasing investment in primary research and evidence synthesis, (2) providing training and guidance materials to humanitarian practitioners, and (3) creating incentives for technical excellence and using evidence in decision-making. However, challenges remain around issues of knowledge and power, capacity, clearly defining incentives and what constitutes "good enough" evidence for humanitarian contexts.
INC Research provides clinical trial services with a focus on therapeutic expertise, trusted results, and a proven process. They have experienced teams with therapeutic and industry knowledge. Their Trusted Process involves (1) PlanActivation to strategize and prepare for trials, (2) QuickStart to efficiently launch trials with team collaboration, (3) ProgramAccelerate to actively manage trials, and (4) QualityFinish to smoothly complete trials and analyze results. INC Research specializes in areas like oncology, CNS, and cardiovascular trials.
This report summarizes initiatives by the Pennsylvania Board of Probation and Parole to strengthen its decision-making policies and practices. The Board conducted a thorough review of its risk assessment protocol, decision-making instrument, parole conditions, and responses to parole violations. This led the Board to refine its tools and practices to better incorporate evidence-based principles like using validated risk assessments and targeting interventions based on risk levels. The Board also committed to increased transparency by publishing information about its goals, tools, and decision-making process.
This report summarizes initiatives by the Pennsylvania Board of Probation and Parole to strengthen its decision-making policies and practices. The Board conducted a thorough review of its risk assessment protocol, decision-making instrument, parole conditions practices, and responses to parole violations. This led the Board to refine some practices to better incorporate evidence-based principles like targeting interventions based on assessed risk and need. The Board also committed to publishing information about its decision-making framework to increase transparency and public understanding and confidence.
This document provides guidelines for law enforcement on examining digital evidence. It discusses developing policies and procedures, assessing evidence, acquiring evidence while maintaining integrity, examining evidence, and documenting examination results. The intended audience is law enforcement officers responsible for digital evidence examination. It is not mandatory but offers best practices to help agencies develop their own policies. The guidelines emphasize maintaining evidence integrity during collection and examination.
This document provides an overview of EmpiriStat Inc., a biostatistics firm. It discusses EmpiriStat's goal of using rigorous methodologies to discover truths as close to possible. It outlines the services EmpiriStat provides, including biostatistics, data management, clinical monitoring and regulatory support. It emphasizes EmpiriStat's commitment to excellence, responsibility, integrity and building long-term client relationships. Selected case studies demonstrate EmpiriStat's ability to efficiently complete projects under tight timelines.
The document discusses limitations in medical malpractice research due to issues with data availability and methodology. It notes that missing or inaccurate data from various sources like jury verdicts and insurance claims, as well as lack of standardized research methods, have led to inconsistent findings. The document describes efforts by researchers to address these weaknesses through improved data collection and more rigorous study designs in order to provide stronger evidence to guide policy solutions.
Novartis Gender Discrimination Class Action Case Study
1. The Case
In Velez et. al. v. Novartis Pharmaceuticals Corp. DOAR represented the plaintiffs in a gender discrimi-
nation class action lawsuit in federal court. DOAR’s client, Sanford, Wittels & Heisler, LLP, represented
a class of 5,600 female sales representatives at Novartis Pharmaceuticals who alleged that female
employees were discriminated against in pay, promotion and pregnancy-related treatment in a trial
before Judge Colleen McMahon in the United States District Court for the Southern District of New York.
The Challenge
In order to establish that there was a pattern or practice of gender discrimination, a jury must make
a leap from the anecdotal evidence of individual witnesses to seeing a broad, unwritten, systemic
corporate structure that tolerates or encourages discriminatory behavior. In this case, there were
also relatively few instances in which woman reported discriminatory problems to their human
resources department.
A Discovery-to-Decision Solution
Because DOAR was brought in on the eve of trial after discov-
ery was long closed, the consulting team focused on advis-
ing the trial team on how to most effectively use the voluminous
amount of documents they had accumulated during discovery.
Analytical Graphics
In order to prove that the gender discrimination incidents were not
isolated incidents, graphics were used to show the pervasiveness
of the problems at the company. Analytical graphics were devel-
oped to support the testimony of plaintiff expert witnesses in order
to simplify complex statistical testimony to educate the jurors on
the flawed evaluation process that enabled discriminatory behav-
ior in terms of pay and promotion. Graphics also clarified expert tes-
timony on the statistical analysis of how promotions and pay were
skewed throughout the company. The jury was therefore able to un-
derstand and weigh the import of very high-level statistical analysis.
In order to demonstrate that the company had been well aware of its
systemic problems with discrimination, the consulting team advised
the trial team on what types of documents could be used to concretely
show the company’s knowledge. The team therefore showed a vari-
ety of emails, performance evaluations, human resources department
records and internal memos to visually support witness testimony.
www.DOAR.com | Tel: 1-800-875-8705 | Fax: 516-823-4400
2. A Discovery-to-Decision Solution continued
Trial Presentation
Although the trial team had not previously used multimedia trial presen-
tation, the consulting team worked closely with them so that they could
comfortably and seamlessly show the jurors a vast array of documents,
physical exhibits, as well as video witness testimony.
The trial team quickly became adept at integrating these forms of evi-
dence into their opening, closing, and direct and cross examinations.
Jury Consulting
Extensive witness preparation was done in DOAR’s Digital Courtroom
while the trial was ongoing to help all of the testifying witnesses and ex-
perts present themselves most clearly and persuasively in the stressful
environment of the actual courtroom.
With information from the varied reactions of the focus group partici-
pants, a consultant assisted the trial team in voir dire. The resulting jury,
as the judge later noted, was quite thoughtful and diligent, congenial
and happy to work together.
Throughout the trial and deliberations, the consulting team provided
ongoing live trial strategy analysis and recommendations, including
considering the status of the deliberations through the consideration of
juror behaviors and notes sent to the judge.
The Outcome
By forging a relationship with the consulting team, the trial team was able to add-on the DOAR consultants as a
surgical strike trial strategy team. The trial team took full advantage of DOAR’s ability to help with the develop-
ment of a persuasive case narrative with accompanying multimedia, and the selection of a perfect jury to hear
the story.
The jury found Novartis liable for discriminating against women in pay, promotions to entry-level manage-
ment, and pregnancy-related treatment. The jurors awarded approximately $3.3 million in individual com-
pensatory damages to the twelve named plaintiffs and $250 million in punitive damages to the class.
www.DOAR.com | Tel: 1-800-875-8705 | Fax: 516-823-4400