Megan Siddall’s Post

I am looking forward to joining a panel discussion of the proposed PHS changes to the rules government research misconduct regulations at the Boston Bar Association on Friday. You can register at https://lnkd.in/dwU2s932. #researchmisconduct

It is my privilege to represent research scientists accused of research misconduct. These investigations are devastating to my clients. Even when a scientist is ultimately found not responsible, an investigation can destroy their lab and reputation.   HHS and the Office of Research Integrity recently announced the first proposed changes to the rule governing PHS-funded scientific research misconduct investigations since 2005.  Unfortunately many of the proposed changes will exacerbate the length and burdens of the current process. The proposed rule would: 1. Prohibit respondents from attending witness interviews. Respondents historically have not been permitted to attend witness interviews. This codification of that practice is a step backwards that denies scientists basic due process protections such as the right to confront one’s accuser. 2. Impose a 30-day time limit for an institution’s preliminary assessment.  If the assessment is not completed during this time, it automatically proceeds to an inquiry.  This change will make it harder for institutions to quickly weed out unmeritorious allegations .  Hopefully ORI will also begin enforcing the time limits that apply to other phases of the process, which are currently routinely ignored. 3. Prohibit inquiry panels during the next phase from making a determination of honest error or differences of opinion. That prohibition reduces the utility of the inquiry phase to weed out frivolous allegations of misconduct. Instead, the allegation will almost always proceed to a full-blown investigation, even in the most clear-cut cases of honest error.  4. Confirm that institutions may disclose concerns about the reliability of the research record to “journals, editors, publishers, and public and private entities” as well as institutional officials.  Although the rule does not formally permit disclosure of the investigation to the media, it is not unusual for blogs to deduce that an investigation is ongoing when retractions or corrections are issued. The proposed rule is likely to increase public disclosures before any finding of responsibility. 5. Allow ORI to publicize anonymized results of institutional investigations. Rumors about investigations often spread at the relevant institution.  ORI disclosure of those results will effectively out researchers found responsible even for minor allegations and without any ORI finding of responsibility. It is important to protect public funds from intentional or knowing fraud or fabrication.  But many research misconduct allegations concern inadvertent mistakes, imperfect labeling, or not spotting accidental duplications made by more junior members of a lab. The current process for handling such allegations consumes enormous resources and destroys careers of talented researchers who made a cut and paste error or may simply need some additional training.  I hope ORI will consider streamlining the process to focus on the most serious allegations.

Pleased to share that my article on challenges to intended loss under the sentencing guidelines is now available. I always look forward to The Champion's annual white collar crime issue. #whitecollar #nacdl https://lnkd.in/eTF-yFpX

So excited to see our firm recognized as one of the best white collar practices in Boston!

I am looking forward to joining this panel on an important topic for women litigators. Working at an all-woman firm that appears regularly in court, how women develop their own voice in the courtroom is a topic close to my heart. I am especially fortunate to share the microphone with B. Stephanie Siegmann and Payal Salsburg as well as several distinguished women jurists.

I am excited to welcome Susan Winkler to our firm!

I am looking forward to speaking at the Society of Research Administrators International annual meeting in Las Vegas next week! Amelia Schmidt and I will presenting on the compliance risks facing academic researchers and universities. I will be sharing some of the recent trends I am seeing in research misconduct investigations. #SRAI2022 #researchmisconduct