Expert Witness Services
"Management Practices" is the discipline that concerns the theory, strategy, policies, practices, and procedures that employers use to achieve effective legal and regulatory compliance, attract and retain qualified employees and to create productive workplaces, i.e., to effectively manage employees. In litigation, the appropriate standard of management practice is “usual and reasonable management practice of similarly-situated employers.”
When Choosing an Expert, Experience Matters
Jan Duffy has been retained as a management practices expert witness by both plaintiffs and defendants in more than 600 employment, compliance, business conduct, intellectual property, and tort lawsuits, arbitrations, and mediations. She has testified on more than 30 occasions in state and federal court in California and elsewhere in the US. Described as a “;pioneer” in workplace privacy as well as internal investigations, Jan has presented hundreds of seminars and training programs on harassment, discrimination, and retaliation prevention and correction, internal investigations, privacy, business conduct, and compliance and ethics.
As a management consultant, she has worked with clients in technology, health care, legal and financial services, pharmaceuticals, manufacturing, mining, retail, telecommunications, hospitality, entertainment, transportation, education and law enforcement among other industries. She has engaged in archival scholarly research both as an academic and a professional, having authored more than 40 articles, reports, book chapters, and videotapes. She has been active in professional organizations in the fields of law, human resources, and compliance and ethics both nationally and internationally. All of these experiences over a 30+ year career have made Jan one of the nation’s foremost management practices experts and testifying witnesses.
Jan and other MPG team members have testified in state and federal courts on many issues, including:
- The adequacy and reasonableness of workplace investigations
- The appropriateness and effectiveness of an employer's discrimination, harassment, and retaliation prevention and correction programs, policies, and procedures
- Compliance with policies, procedures, and codes of conduct
- The appropriateness of performance management programs, disciplinary action and related managerial decision-making
- Terminations and reductions-in-force
Our pre-retention litigation consulting services provide counsel an early opportunity for clients to obtain expert assistance in identifying employment or management practices deficiencies and strengths, analyzing collateral claims relating to privacy, defamation, or breach of contract, and making and responding to law and motion matters.