Sexual Misconduct Liability
The Sexual Misconduct Liability Practice Group draws on the career experience of former sex crimes prosecutors Ashley R. Lynam and Jeremy Abidiwan-Lupo to provide comprehensive risk management, investigation and litigation defense services to an array of insured and self-insured clients facing sexual misconduct, assault, harassment and other abuse-related claims. Our clients include a number of high profile commercial organizations, sports teams, bus and trucking companies, homeowners, hotels, franchisees, educational institutions, universities, nursing home and long-term care facilities, ambulance companies, medical centers, group homes, charitable and social services organizations and more.
The Sexual Misconduct Liability team believes that the best defense is a good offense. We provide wrap-around crisis management services for our clients beginning with risk assessment training, the drafting and editing of employee handbooks and sexual misconduct policies and procedures, implementation of these procedures and proactive liability audits to prevent potential claims and protracted litigation. Our pre-claim and third party investigations ensure compliance with state and federal regulations and assure best practices advice to businesses and insureds, bringing both credibility and candor when they matter the most.
In addition to our proactive work, our team also aggressively investigates and defends sexual misconduct suits, which often involve third party criminal acts, children and the elderly and other complicated and correlated areas of law. Our attorneys have considerable experience in the investigation and preparation of corporate representatives, current and former employees and other witnesses for deposition and trial. As former prosecutors, we draw on our well-developed and long-standing relationships with law enforcement, private investigators, security experts, psychologists, psychiatrists and other physicians to aid in the defense and reduce damages calculations in these often high-exposure claims. We understand the wide-ranging and long-lasting impact that sexual misconduct claims have on our client’s businesses, including the possibility of related suits involving defamation, discrimination, hostile work environment, sexual harassment and other claims. Our team has tried several sexual misconduct cases to jury and have also obtained successful resolutions via summary judgment and other motions, all while carefully managing our client’s important privacy, public interest and policy concerns throughout litigation and resolution.
Some of the team’s recent successes include:
- Residential Services Facility-Plaintiff’s pre-trial demand was $2,500,000 with $3,000,000 in total available coverage. Jury verdict of $75,000 awarded
- Bus Company- sexual assault of a minor- Plaintiff’s pre-trial demand was $1,000,000 with $5,000,000 in total available coverage. Settlement for $50,000 was granted
- Bus Company- Uncontested negligence resulted in multiple sexual assaults. Pre-suit demand of $3,000,000. Settlement negotiated for $300,000.
- Stadium Security Company sued following sexual assault of concert-goer in venue parking lot. Dismissal of suit via motion for summary judgment.
- Settlement for mere $100,000 with $750,000 demand on behalf of bus company sued for negligent hiring and retention of employee who sexually assaulted student where negligence was uncontested, punitive damages were likely to be proven at trial and insurance coverage was denied, with equal contribution from denying carrier.
- Hotel- sexual assault on premises. Partial motion for summary judgment, granted-nominal settlement.