Research & Scientific Misconduct
Research misconduct allegations can destroy a scientist's career and no case should not be confronted without skilled legal representation.
Initially governed entirely by the idiosyncratic rules of academic institutions where lawyers were shunned, government funded academic research is now subject to a dizzying array of institutional and government regulations, including the federal criminal laws and the federal false claims act. Institutions and researchers who are accused of misconduct must navigate a complex world of employment law, government investigations, and educational rules and standards. The growing number of post publication reviews conducted by Journals and the specter of retractions and other 'public' disclosures have introduced another layer of complexity into the resolution of any case. Given the significant consequences of a misconduct proceeding, all scientists who are involved, whether as the accused, the complainant, or merely as a witness, are well advised to seek the assistance of independent counsel.
Richard Goldstein is a recognized leader of the research misconduct bar. He has been involved in several high profile research misconduct cases. For over a decade, he has represented senior researchers, faculty, post-docs, and students charged with research misconduct. He also represents complainants, witnesses, and others who may get caught up in these cases. In most every instance, the identity of his client is never disclosed publicly and many have continued with their careers in scientific research. He is often cited by prominent science blog as a legal expert in the field of research and scientific misconduct.
Obtained first ever ruling in which an ORI debarment order was vacated and that a scientist is entitled to a de novo hearing before a federal administrative law judge. See Bois v. HHS, 2011-cv-01563 (D. D.C. 2012); Led to favorable settlement in which no debarment was imposed and the scientist was able to continue receiving federal grant funding. 78 Fed. Reg. 23255 (April 18, 2013).
Persuaded numerous confidential faculty discipline panels, the National Science Foundation, and ORI to dismiss claims of academic or research misconduct.
Negotiated significant reductions in penalties imposed by federal regulatory authorities against scientists found to have committed misconduct.