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Core Philosophy
Litigation at the Point Where Decisions Are Made
Employment disputes are not accidents.
They result from business decisions made under pressure—where cost, risk, and exposure are weighed and a path is chosen.
Litigation as a Business Event
Organizations experience litigation not as a legal abstraction, but as a business event with consequences for investors, employees, insurers, lenders, boards, regulators, customers, governance, and institutional reputation.
The Garfinkel Group, LLC reconstructs what leaders knew, the options available, and the decisions they made.
That is where liability begins and the foundation of our approach.
Litigation as a Business Event
Organizations experience litigation not as a legal abstraction, but as a business event with consequences for investors, employees, insurers, lenders, boards, regulators, customers, governance, and institutional reputation.
The Garfinkel Group, LLC reconstructs what leaders knew, the options available, and the decisions they made.
That is where liability begins and is the foundation of our approach.
How Institutions Evaluate Risk
Organizational misconduct is rarely impulsive.
Before decisions are made, organizations assess risk, price exposure, and weigh the costs of action versus inaction using actuarial analysis, technology systems, and financial reporting standards that quantify probability, impact, and risk tolerance.
We focus not only on the legal claims, but on the business decisions that produced them.
How Decisions Are Embedded in Technology
Business decisions don’t stop in the boardroom. They are executed through technology—payroll platforms, HRIS systems, monitoring tools, compliance applications, and data-retention frameworks that convert leadership directives into scalable operations.
Our strength lies in understanding how those systems work: how decisions move from leadership into workflows and code, and how technology itself shapes risk, transparency, and accountability.
How Decisions Are Embedded in Technology
Business decisions don’t stop in the boardroom. They are executed through technology—payroll platforms, HRIS systems, monitoring tools, compliance applications, and data-retention frameworks that convert leadership directives into actions with consequences.
Our strength lies in understanding how those systems work: how decisions move from leadership into workflows and code, and how technology itself shapes risk, transparency, and accountability.
What Financial Reporting Reveals
Financial reporting renders internal judgment externally visible.
Classification decisions, reserves, accruals, disclosures, and internal controls reveal how leadership assessed probability, materiality, and consequence.
By aligning internal decision-making with financial representation, we expose inconsistencies between how risk was managed in practice and how institutions attempt to explain it after harm occurs.
What Financial Reporting Reveals
Financial reporting renders internal judgment externally visible.
Classification decisions, reserves, accruals, disclosures, and internal controls reveal how leadership assessed probability, materiality, and consequence. By aligning internal decision-making with financial reporting, we expose inconsistencies between how risk was managed in practice and how institutions attempt to explain it after the harm has occurred.
Why This Strategy Changes Outcomes
Most litigation isolates conduct.
The Garfinkel Group, LLC reconstructs the economics of decision-making.
By integrating actuarial analysis, review of technology systems and process, in addition to financial reporting, we can demonstrate that the harm was the foreseeable result of deliberate, quantified, operationalized choices—not isolated behavior or discretionary judgment.
This converts cases from credibility disputes into accountability exercises and forces institutions to confront their own business judgement.