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Serious insight for serious situations.

Serious insight for serious situations.

Lexicon for bilingual investigations

Recently, while drafting an investigation report in French, I surprisingly struggled to find an appropriate way to translate “counter-complaint.” In the context of civil litigation, in French, a counterclaim is “une demande reconventionnelle,” but a quick internet search also suggests terms such as “contre-plainte” or “contre-recours.”

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Investigating counter-complaints: A roadmap

So, you found yourself dealing with what appears to be a counter-complaint in the investigation you are conducting. Before embarking on this bend in the road, the first step, and likely the most obvious, is to confirm what you are dealing with and whether it affects your mandate.

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Feuille de route sur comment enquêter les plaintes reconventionnelles

Ainsi, vous retrouvez face à ce qui semble être une plainte reconventionnelle (« a counter-complaint » en anglais) dans l’enquête que vous conduisez. Avant d’aborder ce nouveau virage, la première étape, et probablement la plus évidente, est de confirmer ce à quoi vous avez faire et si cela affecte votre mandat.

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We believe you  . . .  Sometimes

The assessment of credibility and reliability is always a central part of an investigator’s work. My colleague, Chantel Levy, wrote an excellent overview of the considerations a decision maker should bear in mind when making a finding of credibility, including consistency, corroborative evidence, plausibility, and motive.

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Carroll v. Trump: Lessons for investigations of historic claims of sexual abuse

We have had mandates to investigate allegations of sexual abuse that occurred many years ago. As we point out to clients who wish to retain us, beyond the complexities of every case of this kind, most notably that there is usually no direct evidence of the event having transpired, “historic” cases present unique challenges: Witnesses may no longer be available, documents may have been destroyed, and memories inevitably fade.

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Among (Facebook) friends: Investigating personal social media posts as alleged workplace harassment

Social media can be a great way to connect with friends and family, especially those people we don’t often get to visit in person. Unfortunately, social media can also be a venue in which workers make demeaning, threatening, and insulting comments about colleagues and supervisors.

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