Product Liability Defense
Our primary focus in the defense of product liability matters is to provide concrete evidence contrary to the alleged injury or damages claimed by a plaintiff that cannot be substantiated through traditional discovery methods. All too often we find that interrogatory responses, deposition testimony, as well as the findings of physicians and expert witnesses are inaccurate as noted in the following case histories:
- Auto Manufacturer: After a low-speed collision, the plaintiff testified that nerve damage rendered him unable to lift anything heavier than 5 pounds, type on a computer keyboard, sit for a protracted period of time and therefore could not return to his work as a stockbroker. The plaintiff additionally testified he was unable to drive or travel.
Through investigation, the plaintiff was videotaped carrying wet bags of laundry up a flight of stairs on several occasions. Evidence was developed that he was indeed working as a stockbroker from his home and earned $325,000.00 during the prior year. He was also very active on social media and dating websites. It was additionally shown that the plaintiff frequently took long commercial flights, and was videotaped driving a vehicle he claimed he did not own. After a three-week trial, a unanimous defense verdict was entered.
- Pharmaceutical Related Suicide: The surviving spouse of a 53-year-old decedent, who committed suicide with a handgun, brought a claim asserting that the suicide was directly related to the decedent’s use of an antidepressant drug. Through investigation it was determined that the decedent had attempted suicide in a similar manner at 16 years of age, decades before taking the drug. The claim was withdrawn.
- Motorcycle Manufacturer: Subsequent to a motorcycle rider inexplicably veering off the road and plunging to his death, the decedent’s widow claimed the motorcycle belt drive failed, causing the accident. Our investigation independently identified several persons riding with the decedent prior to the accident, who testified that the decedent had been smoking marijuana and consuming beer one hour prior to his death.
- Economic Damages: The wife of a 46-year-old physician testified in her deposition that her late husband’s medical practice was thriving and growing, which was substantiated through financial records. Her husband had been killed in an automotive fire. Through investigation it was learned that 80% of her husband’s medical practice came from one contract, which was not going to be renewed by the contracting company due to alleged improprieties.
Traditional discovery can at times provide a very limited picture. From degree of injury, to economic damages, to causation or misuse of a product, our investigative protocols provide evidence in mitigation that only investigation can.
Business Intelligence & Monitoring
Our intelligence and monitoring services provide the most in-depth and proprietary client driven information available in the market, both domestically and abroad. Our capabilities are unparalleled as they relate to the assessment and plans of hostile individuals and competitors, NGO’s, and the development of information necessary in the prosecution of claims. These custom-tailored programs provide information crucial to business success in problematic areas of the world as it relates to crime, corruption, government intervention, business growth, and protection. Our surveillance, counter-surveillance, monitoring and investigative services address the theft of trade secrets, as well as domestic and international political measures, providing the requisite information necessary to develop informed decisions and plans. Intelligence and monitoring our services are available worldwide with few restrictions.
Success in litigation can be attributed to a thorough and probing evaluation of each litigant, witness and cause of action, with continued information development during the discovery period. Our litigation services provide critical facts not disclosed in discovery and include a method of independently confirming provided information, such as interrogatory responses, alleged financial or wage loss, or purported claims of tortious interference. Our services are invaluable in discovering evidence to controvert claims or mitigate damages, especially in the realm of subjective medical findings. Litigation services provide special benefit in instances where discovery is limited or non-existent, as in arbitrations, mediations and administrative proceedings. Our litigation services are frequently employed in the defense of litigation in the following industries or causes of action:
- Accountant or Legal Malpractice
- Automotive & Tire
- Commercial & Residential Real Estate
- Transactions and Leases
- Contractor Fraud
- Criminal Acts of Agents or Officers
- Employment Litigation
- Environmental-Toxic Torts
- Firearm Sale & Manufacture
- Fraud & Misrepresentation
- Hotel, Hospitality, Tourism
- Hospital & Healthcare
- Intellectual Property
- Media & Entertainment
- NASD Arbitrations-Mediations
- Personal Injury
- Pharmaceutical-Biotech-Medical Device
- Predatory Lending Claims
- Unfair Competition-Interference
- Unsuitable Trading-Investing
- Whistleblower Claims
- Wrongful Death
Corporate Governance - Internal Corporate Investigation
Ethical and criminal violations of officers, agents, employees and others can result in financial losses, regulatory action, shareholder litigation, and decrease in stock value. Recent events have shown that an ill-conceived investigation can compound these issues by creating separate civil and criminal exposures for general and outside counsel. All investigations must be impartial, well strategized, and able to withstand the highest degree of scrutiny. The investigative procedure must comply with the local, state and federal law and protect the client from invasion of privacy or like claims. Investigations in this realm include but are not limited to:
- Administrative Issues
- Criminal Acts of Employees or Officers
- Hostile Acts
- Misappropriated Assets
- Money Laundering
- Procurement Fraud
- Secret Commissions or Kickbacks
- Trade Secrets
After the diligence process and placement of capital, our services provide a wide ranging flow of information as to how an entity is operated, in an attempt to detect early fraud or the unethical actions of officers, directors, management, or other employees. Our sophisticated monitoring methodologies can mean the difference between failure and success.
From asset and earnings inquiries of individuals and companies, to the investigation of complex financial crimes and fraud, our financial investigative services provide detailed information in evaluation, discovery and litigation settings. Through our financial investigative services, we provide comprehensive assessments relating to:
- Assets, Liquid and Fixed
- Breach of Fiduciary Duty
- Business and Bankruptcy Fraud
- Corporate and Business Affiliations
- Gross Business Earnings
- Identification of Banks and Brokerage Institutions
- Individual Wage Earnings
- Preliminary Financial Assessment (Debt Load and Debtors)
- Sources of Income
- Vendor Fraud
- Wage Garnishments and Liens
Orders, Agreements & Interference
Success in business can be largely attributed to the measures an organization takes to protect itself from the illegal acts of competitors, current and former employees, vendors and partners, as well as unwarranted political interference, corruption, and conflict of interest issues. We are well versed in the detection and documentation of civil and criminal acts that include:
- Abuse of Office
- Conflict of Interest
- Criminal Acts of Competitors
- Employee Raiding
- Governmental Misconduct
- Licensing Agreements
- Patent & Trademark Infringement
- Politically Motivated Criminal Investigations or Regulatory Actions
- Politically Motivated Criminal Investigations or Regulatory Actions
- Prosecutorial Misconduct
- Trade Secret Violation
- Unfair Competition
- Vendor Fraud
- Violation of Non-Compete or Other Orders
Detection & Resolution of Criminal Activity
Services in this realm privately identify criminal activity occurring within an entity prior to its disclosure through employees, informants, whistleblowers, shareholder litigation, civil or criminal litigation, or governmental investigation. We are astute at creating situations that dissuade outside criminal influences, while minimizing litigation exposure. Services include the identification of:
- Criminally Oriented Employees
- Procurement Fraud and Diversion
- Criminal Acts of Vendors, Partners & Governmental Officials
- The Presence of Organized Crime
- Extortion and Blackmail Perpetrators
- Money Laundering
- Narcotics (sales, use, transport, manufacturing)
- Misappropriation of Protected Materials
Trusted by Leading Family Law Litigators Since 1988. The investigation of family law matters dictate a level of investigative experience above and beyond other areas of legal specialization. Whether it be developing evidence of spousal abuse or violation of court orders, identifying concealed assets or providing exculpatory evidence of criminal or like charges, it is diligence and experience that provides you with the information needed to best represent your client. We provide unassailable evidence, developed through well-strategized investigations, that withstand the highest degree of scrutiny. Information, without the underlying foundation of quality and service, can turn opportunities into difficulties. Every step of each case is completed and reported in a timely manner, consistent with your individual requirements. Client satisfaction through clear communication and complete dedication to service is the hallmark of every piece of work that comes from this office, twenty-four hours a day, seven days a week. We are experienced in the most contentious, high-stakes matters, domestically and abroad. Please contact our office to receive a copy of our Specialized Family Law Services brochure, and our family law litigator referral list.
This office has been successful on numerous occasions in expeditiously developing information that has prevented the filing of state and federal criminal charges against company executives and employees, as well as negotiating settlements or effecting compromises in civil matters. General and private counsel frequently prefer our early intervention to assess a situation, establish rapport with governmental investigators, witnesses and victims, to preserve evidence and to insulate counsel from conflict of interest or undue influence accusations. In most instances, we are available 24 hours a day, seven days a week to respond locally or otherwise to these matters. Applicable situations include: First knowledge or suspicion of a domestic or foreign governmental inquiry or investigation. Knowledge that the alleged acts of a client or executive (to include sports figures, entertainers, etc.) is the target of a media investigation, subject of an unfavorable press release or public relations campaign, or is a target of extortion or blackmail. Issuance of a subpoena. Law enforcement contact or interview of an employee or related party. Accusations that a corporate officer or employee has engaged in criminal or civilly actionable conduct. Criminal investigation or indictment of an employee, partner, vendor, or subcontractor. Knowledge of a civil investigation. Death of an employee or other party, coupled with the involvement of an employee. We provide a contact procedure for firms and individuals to expedite our response when an event occurs.
High Risk Investigation
We provide comprehensive services that remove corporate investigators, security personnel and other employees from risk inherent operations that can lead to the serious injury or death of your personnel, greatly decreasing the civil exposure of your company. High risk investigations are defined as those that may lead to the potential threat, injury, or death of a company employee or investigator. We provide these services locally, nationally and abroad, which include inquiries related to theft, fraud, narcotics, money laundering, or other criminal acts.
Framé Group investigators conduct surveillance internationally. Our methods are the most sophisticated in the industry, and include stationary, aerial, manned, and GPS Tracking. We also employ sophisticated unmanned remote video units that film a set location 24 hours a day for a predetermined period of time.
White Collar Criminal Defense
Framé Group investigators have extensive experience in assessing state and federal law enforcement actions arising from a full range of issues. Our investigative results assist counsel in the investigation and litigation of securities fraud, corruption, false statements, copyright infringement, bribery, and matters stemming from foreign events or investigations. Our involvement provides critical information developed through parallel investigations, the assessment of opposing investigators, and the timely development of exculpatory pre-filing evidence, providing counsel with the ability to make informed and timely decisions. Our ability to provide in-depth information as to hostile witnesses, tactics, and motivations has made the difference in the outcome of many successfully defended matters.
Since 1992, Framé Group investigators have conducted undercover investigations globally. The source of these inquiries have ranged from the sale of trade secrets to money laundering, illegal business plans of employees and competitors, to corrupt governmental officials and interference. These investigations are conducted in accordance with state and federal law, and produce results that can be relied upon. Framé Group investigators possess state and federal law enforcement training and are vastly experienced in this realm.
Complete Diligence & Assessments: Individual & Business
Prior to the placement of equity, partnering or venturing with new associates or vendors, business must be in full compliance through an expanded due diligence function. Our complete diligence service provides financial institutions, venture capital groups, corporations and individuals with critical information (not simply garnered from databases) that is fundamental in minimizing risk prior to the execution of an agreement or contract. Beyond public records, financial statements or meeting minutes, our inquiries delve deep into the ethics, exposures and procedures of key executives, potential employees or partners, and their companies. We also develop information as to undisclosed liabilities and misrepresentations. This can include investigations the subject or company may be unaware of. Our services are especially useful in qualifying partners or vendors, lending, contracting, partnering, leasing, acquisitions, or in other transactions where the protection of your assets and reputation are of the utmost importance. Each assessment is based on the individual characteristics of the transaction or inquiry, and is custom designed. In the realm of pre-employment screenings, we perform them as an “investigation” as opposed to a “screening”. These matters are handled by licensed investigators, comply with State and Federal law and offer you the reassurance that those entering your organization have been positively identified and thoroughly assessed.
Many large corporations employ investigators or security personnel to conduct investigative tasks that are incompatible with the corporate mission or service. This creates liability as it relates to licensing, insurance, privacy matters and the protection of work product. Aside from the evident liabilities and costs relating to retirement, workers compensation, medical, vacation, sick leave and disability to employees, this work is better outsourced to those specifically equipped, licensed, trained and insured for such activity. The Framé Group provides complete outsourcing functions as it relates to a wide variety of services from theft, fraud, loss, due diligence, compliance and litigation related issues. Allow us to design a custom program for your company, based on a flat fee, per piece, or hourly rate.
Listening Device Sweeps
The Framé Group provides complete technical surveillance counter measures (TSCM) to detect eavesdropping, wire tap, and the detection of unlawful tracking and listening devices.