Tag Archives: Manhattan District Attorney’s Office

Online Reputation Management FAQ

In the age of social media, where information travels at warp speed, the non-consensual posting of an intimate image or the publishing of a false accusation can be devastating for an individual or a company. When faced with a cyber scandal of this kind, reacting swiftly and with expertise is critical to protect against reputational damage.

Former prosecutors Rena Paul and Margaret Gandy have partnered to launch Alcalaw LLP, a firm that takes a holistic and humanistic approach to crisis management by, among other things, helping clients in the throes of an evolving cyber crisis to attack it head-on and minimize the fallout.

A recent Law360 article observed, “Alcalaw provides guidance to clients navigating sensitive legal issues, crises or sources of reputational harm, particularly clients dealing with sexual misconduct, harassment, discrimination or cybercrime. It offers its services to people, corporations, nonprofits, educational institutions and others.”

We checked in with Ms. Paul & Ms. Gandy to learn more.

You specialize in a “holistic and humanistic approach.” Can you elaborate?

Rena Paul: No one hires a lawyer on a good day. When we represent individuals, we recognize that the problem they are presenting with is multifaceted and likely impacts more than just the resolution of a single legal issue. While we address their legal issues, we also pan out to look at the situation in context in order to protect our client’s global interests and minimize further damage. And in every instance, we lead with empathy because we believe that is a critical component of exceptional legal representation.

Margaret Gandy: We take a similar approach with corporate and institutional clients because we know from experience that an allegation of misconduct within a company or school – even an isolated incident – can have a toxic impact on the entire community. We quickly and strategically devise a path forward to address the potential legal ramifications. We also identify areas of collateral damage and work with our clients to address the cultural harm in the short-term and prevent the misconduct from recurring in the long-term.

How does your experience as former colleagues at the Manhattan District Attorney’s Office and the U.S. Attorney’s Office for the Eastern District of New York influence your practice?

Margaret Gandy: As prosecutors we were guided by the principle, “innocent until proven guilty,” so the facts always controlled the narrative. In the court of public opinion, however, most people won’t let facts get in the way of a good story. So to protect our client’s interests, we have to move quickly and lean on many of the same skills that made us effective prosecutors – remaining calm in chaotic situations, seeing around corners and conducting thorough fact-finding investigations so that our clients can make informed decisions about how best to respond to the crisis at hand.

Rena Paul: In our roles as prosecutors, we investigated and litigated myriad cases, including those involving sexual exploitation and violence, harassment, cybercrimes, child abuse, child pornography and human trafficking. We learned to be nimble. Every situation is unique, and you have to be open to facts leading you in a different direction than you originally anticipated. It helps to be able to see both sides of an issue as a good defense is the best offense.

Your services include providing internal investigations. What types?

Rena Paul: We have more than 30 years of combined experience conducting diverse and complex investigations and bring that experience to bear to investigate claims related to sexual misconduct, harassment and discrimination in the workplace and educational institutions.

Margaret Gandy: Conducting fact-finding investigations into complex interpersonal matters requires a delicate approach. Our backgrounds make us particularly adept at investigating these sensitive claims because we not only know the questions that need to be asked, but how to ask them in a way that elicits honest answers. 

Rena Paul, Esq. began her career at the Manhattan District Attorney’s Office, where she was a member of the Sex Crimes Unit. As a federal prosecutor at the United States Attorney’s Office for the Eastern District of New York, Rena led complex investigations and litigated cases involving criminal enterprises. She was awarded the Department of Justice Director’s Awards for Superior Performance as an AUSA and Superior Performance by a Litigative Team. Following her time in government, Rena worked at a New York City investigations firm and as a solo legal practitioner. She is an Adjunct Professor at Brooklyn Law School and a founding member of the Beyond #MeToo Working Group on Corporate Governance, Compliance and Risk. Rena received a JD cum laude from Brooklyn Law School and a BA from Emory University.
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Margaret GandyMargaret Gandy, Esq. most recently served as an Assistant United States Attorney in the Eastern District of New York where she was appointed Deputy Chief of the Organized Crime and Gangs section and led the investigation and prosecution of criminal enterprises involved in crimes of violence, sex offenses and fraud. She was twice awarded the Prosecutor of the Year award from the Federal Law Enforcement Association. Margaret began her career at the Manhattan District Attorney’s Office where she conducted extensive felony trials and complex investigations while serving in both the Rackets Bureau and the Special Investigations Bureau of the Office of the Special Narcotics Prosecutor. She received a JD with Honors from The George Washington University Law School and a BA from Duke University.

This is part of our continuing series of interviews with experts whose work relates to online reputation management.

 
 
Katherine Lemire, Partner, StoneTurn

The #MeToo movement has sparked a national conversation about sexual harassment. We asked Katherine Lemire about the investigations used by organizations in response to harassment and criminal behavior.

A Partner at StoneTurn, former Federal prosecutor and previously Counsel to New York City Police Commissioner Raymond W. Kelly, Katherine and her team of experts assist businesses, government agencies, nonprofit organizations, and individuals in compliance, investigations, due diligence, risk mitigation, and dispute resolution.

You have overseen investigations into allegations of employee harassment. How common are they and at what point in the situation are you brought in?

It is difficult to say how common such investigations are because a proper investigation should be conducted in a confidential manner to the extent possible.  If the facts uncovered in the course of an investigation do not support the allegations, it is of critical importance that the reputation of the accused employee remain untarnished.  Even in those cases which result in findings supporting harassment allegations, the accuser also may voice concerns that he or she is not identified as the basis for the investigation.

In the best case scenario we are brought in soon after the allegations surface.  Federal law requires a prompt, thorough, and impartial investigation into allegations in the workplace.  Statutory requirements aside, prompt investigations serve as a bulwark against the inevitable erosion of witnesses’ memories.  Acting in a rapid, thorough, and unbiased manner when responding to allegations can also serve to boost the morale of employees who might otherwise believe that management does not view these workplace issues in a serious manner.

You have said that organizations are becoming more proactive about weeding out potentially illegal and unethical conduct before and after the commencement of a criminal investigation. Is harassment considered “criminal?” If not, does it signal potential criminal behavior?

Harassment can be considered criminal if it rises to the level of conduct violating law.  In New York State, for example, repeated unwanted contact, including repeated phone calls, can result in criminal charges.

Many corporations as well as government and non-profit organizations know they have harassment issues in the workplace. How could they have avoided that before making an important new hire?

Due diligence may reveal aspects of a prospective hire’s history which could serve as warning signs.  A solid due diligence investigation might include, for example, a review of the candidate’s social media postings, litigation history, and complaints filed with regulatory authorities.

What type of internal investigations does StoneTurn recommend for organizations to minimize and prevent harassment and similar issues?

The key focus should be on a prompt and thorough investigation conducted in an impartial manner.  Stalling in response to complaints and failing to interview particular witnesses could expose an organization to liability.  Likewise, to insulate itself from charges of bias and failing to conduct the investigation in a thorough manner, organizations should engage a firm specializing in this work to conduct the investigation.

A Partner with StoneTurn, Katherine Lemire is a former federal prosecutor in the Southern District of New York, where she investigated complex federal crimes. She also served as a prosecutor in the Manhattan District Attorney’s Office where she investigated and prosecuted a broad array of criminal cases from grand jury proceedings through trial. As Counsel to Police Commissioner Raymond W. Kelly, she provided advice and counsel on a wide range of sensitive matters affecting the NYPD, while overseeing management initiatives. Katherine and her team joined StoneTurn in 2018 after successfully operating Lemire LLC, a New York-based certified woman-owned business enterprise (WBE) specializing in compliance, risk and investigative matters, which she founded in 2013. 

This is the seventeenth in a series of interviews with experts whose work relates to online reputation management.