Articles by Expert Witnesses

In this article, the author explains the basics of the Telephone Consumer Protection Act (TCPA) and illustrates the risks of unsolicited fax solicitations with an example scenario. He briefly discusses preventions and defenses based on his considerable expertise in telecommunications and his experience as a consulting and testifying expert for the defense in TCPA cases.

In Malcolm Gladwell's best selling book, "blink," the author desrcibes the concept of "thin slicing," that is, using what appear to be seemingly innocuous, superficial characteristics and patterns in people and situations to make astonishing, profound and correct predictions. Can this same principle be applied to medicine and in particular heart disease?

Developers need to be extremely careful during an economic downturn when Contractors are desperate for work. This may sound confusing, however, the fact remains that the lowest tender is not usually the best tender, especially during the current crisis. Claims-savvy Contractors can convert low tenders/negative margins to profit by pursing an aggressive claims strategy.

Without any Congressional approval, the IRS quietly eased net operating loss (NOL) rules for companies that sold stock to the federal government under the TARP program. The new tax rule provides still further subsidies to non-government shareholders, while paying for the increased value entirely with foregone taxes that apply to other corporations.

Are attorneys overlooking a valuable asset? Many indeed are. As in any field of expertise, there are good and bad expert witnesses. A slogan I once read said, “The right attorney can make the difference.” So too can the right expert witness.

Custom is a second human nature and the Romanian justice has inoculated itself for years the concept that any misunderstanding should be resolved in a court of law.

“Follow the money” is a suitable adage for legal marketing when it comes to business development in the new decade. Industries like energy and health care are obvious recipients of funding inflows based on governmental policies and demographics. Ten top law practice areas with expected high growth rates in 2010 and beyond are outlined below. Attorneys who set themselves apart as thought leaders—through speaking, writing, and press coverage—will gain a competitive advantage.

In today’s real estate mortgage market, it is essential that the expert understand, be fully aware of, and cognizant of the entities involved and their roles in initiating, processing, underwriting and funding all types of prime and subprime residential mortgage loans including ones. In addition, the stages that a prime and subprime residential mortgage loans processes through during its “life” are also crucial. The following is a summary of these two areas.

For those who want to connect or reconnect with others, social-networking sites are a huge, glorious honeypot. But for those who are disconnecting, they can make things quite sticky. And as the age of online-social-network users creeps up, it overlaps more with the age of divorce-lawyer users, resulting in the kind of semipublic laundry-airing that can turn aggrieved spouses into enraged ones and friends into embarrassed spectators.

In two reports made public in December 2009, the IRS Inspector General concluded (i) the IRS ignored previous recommendations, causing significant refundable tax credits to be paid improperly, and (ii) by improperly issuing taxpayer identification numbers, the IRS allowed billions of dollars of fraudulent refundable credits.

Dubai announced that it would seek a six-month postponement of debt repayments. The announcement came as a shock initially, but has since been generally dismissed by the press. This situation provides insights regarding Islamic finance with which most in the West are unfamiliar.

The entire House of Representatives will soon consider the Investor Protection Act. We provide a summary of what it contains without the political sound bites that you have already heard (and hopefully dismissed).

This month, a settlement occurred which (i) demonstrates that these cases have meaningful value and (ii) will likely provide a model for others. We review the settlement, and the primary employer-friendly case that encourages employers not to settle at all.

Section 36(b) of the Investment Company Act establishes a fiduciary duty. Since a 1982 industry-favorable ruling, there has not been a single successful lawsuit against a mutual fund over management fees. The U.S. Supreme Court now is considering this issue. Mutual fund management fees may need to be reworked, or at least rigorously justified through analysis based on the costs of servicing the different classes of investors.

Under broad bipartisan support, Congress passed the Worker, Homeownership & Business Assistance Act. The authors provide details not covered in the surface-level reporting you may have already seen.

The mishandling of informants by unqualified law enforcement and covert agency personnel at the highest levels of management, has led to horrific tragedies, from the killing of innocent citizens and false arrests to the opening of the heart of America to terrorist actions.

During recent years I have been asked to prepare career employment and compensation reports by attorneys acting on behalf of both plaintiffs and defendants. Whilst carrying out these assignments, I have noticed in numerous cases that it has been a common feature for the plaintiff’s actual employment history and educational details to be incomplete.

The admissibility of information obtained from vehicle event data recorders (black boxes) has been challenged in many states. This article is intended to explain how EDR data was challenged in Illinois and ultimately accepted.

Difficult economic times tend to increase the incidence of bank robberies. Bank robberies are traumatic for those involved and sometimes lead to litigation. The author explains some of the considerations in bank security and the usage or security guards that can be utilized to reduce the chances of a bank robbery occurring.

Having faced just about every issue that can come up in the fields of bank trust departments, wealth management, and investment management involving estates, trusts, and probate, the author shares his insights on many of these recurring issues and nationwide industry standard practices and procedures.

Many thoughts come to mind when you get the phone call from your company’s accounting or treasury department advising you of a missing bank deposit. The first questions you ask yourself are, “Is it cash and checks or just missing cash, and the checks were deposited?”

The author explains the difficult situation with Fannie Mae and Freddie Mac and how to restore them to their useful place in our financial funding system.

In response to the unusually high levels of delinquency rates and foreclosure rates for mortgage loans, including subprime mortgage loans, the attorneys general of several states have filed class-action lawsuits against some of the country’s higher profile mortgage lenders. However, the situation may not be as simple as the state attorneys general see it.

As our society becomes increasingly saturated with technology, jurors will expect the use of more complex and accurate visual aids in the courtroom. Jurors, especially of the younger generation, have come to count on visual media to augment their understanding of a topic.

After years containing numerous delays, an additional six-month delay was granted. However, the new deadline is for real.

Starting in 2010, affluent taxpayers can convert assets from a traditional IRA to a Roth IRA. We review the various factors that should be addressed in making this decision. Many affluent taxpayers should take advantage of this in 2010.

Practically every California law firm and every other service business will now be required to register with California’s Board of Equalization (BOE), and file a new annual tax return covering use tax obligations. The first reporting will cover the three years of 2009, 2008, and 2007. Unless you are one of the rare businesses that fully reported use tax previously, penalties and interest will also be due.

Secured lenders should be concerned about two recent rulings in which the bankruptcy court used its discretion in performing its role as a court of equity. The cases (i) expand the definition of an “insider” to include a creditor with a “close relationship” to a debtor, and (ii) under what circumstances a lender can be equitably subordinated.

Mold and Rot Damage to Existing Buildings. While inspecting the interior of a residential unit, you observe black mold growing on the walls. Is it a sign of poor housekeeping or of more serious problems? Should you consider vacating the unit immediately or ignore it altogether?

Debtors pursued by companies that have purchased their delinquent debt often file a counter claim or other lawsuit against the owner of the debt.

I am frequently asked, “What is an Equine Appraisal?” There are many definitions of appraisals in general terms. The shortened version for equine appraisal purposes is as follows: “An appraisal is not a precise measurement, nor a guess. It is a relative estimate (opinion) of value based on supporting facts.” I always like to compare equine appraisal with real estate appraisals. The two are basically the same, with a few exceptions, of course.

You just sent a prospect or client an important email? Oh-Oh, what happens next?

The IRS announced a new audit initiative. In light of employers’ risk under both tax and employment laws, companies and their legal advisors should proactively review this area. We summarize the IRS and employment law rules for making these judgmental decisions.

The Plaintiff failed to put on a complete damages analysis, yet the jury (and trial court) allowed a huge award. The broader lesson involves the need to present a complete damages analysis at trial using an expert witness who is willing to say “no” when the client’s desired result is clearly ridiculous.

Bankruptcy is largely a financial negotiation. The cost of getting expert appraisal and accounting assistance is a fraction of the “prize” that is being negotiated. We review the bankruptcy process and explain opportunities where financial expert help is necessary.

The Madoff scandal is the largest financial fraud to have ever occurred. The Office of Inspector General recently issued a scandalous report entitled “Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme”.

Financing of film projects often requires an elaborate patchwork of investors, banks, soft money tax credits and in-kind services, and some companies specialize in financing specific stages of production. One of the overall themes of the industry that can at times make obtaining financing hard is the risks involved in making films, many of which may have very little tangible value at the end of the process.

The traditions of our cultures are changing. People are considering cremation and direct burials more than before. The open casket viewing has been apart of the death process for centuries and is slowly fading away. Good embalming, restorative art and preservation can be accomplished with skill, as well as appreciated by families for that final farewell.

Handling a case that involves embalming of a decedent is difficult and challenging. Having a expert embalmer is the key to understanding the standard of care or any possible torts involved.

Whether you have been an expert witness for years or are just starting out, accurate research, proper formatting of citations and clarity will make your written report accurate, impressive and, most of all, credible. As you gain more experience in utilizing proper techniques you will become more comfortable and confident.

I have been coaching and working with family lawyers, mediators and collaborative practitioners across North America and Europe for the past 8 years and have observed the characteristics of highly successful practitioners . Here are the five characteristics that I’ve found that work for practitioners who have succeeded in building a family law practice.

Important factors in banking and financial class action lawsuits alleging economic damages and credit damages.

Understand the legal requirements necessary to qualify for an IRS Offer In Compromise

The author explains some of the industry standard practices and procedures in use in the mortgage banking and mortgage loan servicing industries.

This article discusses the risks associated with removing clauses that relate to claims from modern standard construction contracts (like FIDIC) while amending the same to suit a particular project/development.

Sometimes, you just have to wonder what a loan officer and a loan committee were thinking when they approved and originated a particular loan. People that have the authority to approve loans have to have the courage to, as Nancy Reagan put it, “Just Say No,” when the answer fits the loan request.

One of the questions that consistently comes up these days is how law practices should allocate or rather reallocate their advertising funds between print directories versus directories of the on-line variety.

An Explanation of the Banking, Loan Servicing, and Mortgage Banking Industry Standard Practices and Procedures in the Foreclosure of Real Estate Mortgage Loans.

Several of the most recognized law organizations are becoming continuously more dependent on the world wide web and their company website to draw in new clients. Even when the competition is high in terms of numerous well-known lawyers and law organizations already flooding the internet, the virtual world still presents many alternatives for smaller groups. Thus, it could very well be a smart move to invest into law firm marketing online if you’re new in the game.

Other than Bernie Madoff, who else is responsible for this mess? An experienced banker, investment manager, and expert witness examines some of the issues in this significant investment fraud case.

A survey of the structure of royalty rates for intellectual property and intangible assets.

The audit provision within many licensing agreements is nothing more than a short paragraph in what may otherwise be a highly detailed document. We provide sample audit provisions that a licensee should include in every agreement.

The attorney work product doctrine, now codified in Federal Rule of Evidence 26(b)(3), protects from discovery documents prepared "in anticipation of litigation or for trial." In a 3 to 2 decision, the First Circuit determined that only information directly "prepared for" use in litigation is protected from disclosure. Potentially, the ruling affects every public and private company that addresses litigation and/or tax exposures for financial reporting.

This article discusses the conflicts of interest, including executive compensation, that resulted in the eventual failure of IndyMac Bank. It also discusses appraisal issues and the legal issues facing a discharged whistleblower.

Real estate syndicates often have agendas that do not align with the interests of the limited partners and usually derive most of their income from fees which are proportional to property acquisition prices. This is a built-in conflict of interest and was an area rife with abuse in the 1980s. New, trans-national syndication are emerging to purportedly exploit real estate opportunities in other countries.

This article focuses on common methods of deception used in fraudulent schemes involving commercial properties and land.

Because of the DOL’s hostility to whistleblowers otherwise protected under Sarbanes-Oxley, the only real relief for employees has been through the district courts. Last week, the Ninth Circuit made its first ruling on the standard necessary for fired employees to claim protection under SOX’’s whistleblower provisions.

Frank DiPascali Jr. is the first person to fully cooperate with the government in the $65 billion Madoff Ponzi scheme. DiPascali acknowledges the involvement of unidentified others in the fraud, and describes the mechanics of the cover-up. We also address failures of the regulators and government auditors in light of DiPascali’s revelations.

This article summarizes how important it is in cases involving agricultural and grounds maintenance equipment that an agricultural engineering expert find all of the appropriate government and industry standards as well as safety information from other organizations and then determine whether the equipment involved in the case complies with these standards.

When a company experiences a decline in its financial numbers, the finger is often pointed at the easiest culprit: the compensation plan.

The newest “buzz phrase” in the compensation world is “Total Rewards.” This includes not only the traditional elements of pay and benefits, but it recognizes that people want to enjoy their work and, when they finish the day’s work, they want a life from which they get pleasure.

Between now and the year 2015 family-owned businesses are going to have to learn to cope with at least three new realities. First, business in general will continue to get more competitive and faster paced, thereby requiring greater management skills.

Compensation In Nonprofits: Why Variable Compensation Is An Important Consideration In The Design of Effective Compensation Packages

A look at what happens when a collateral property is not covered by insurance and a lender has to force place insurance.

For average Americans, divorce or separation can be the greatest emotional and financial drain they ever confront, but it doesn’t have to be. With all of the economic uncertainty, comes greater stress and potential exacerbation of family tensions. If you are facing divorce, separation, custody, alimony, or child support issues and want to keep moving forward in a cost effective way, here are some suggestions to consider...

An expert analysis of the various paths to resolving problems with swimming pool construction. The bottom line is that you will eventually need an expert... Don't waste your time and money on ineffective solutions.

Regardless of the type of divorce process you choose to use, it is important to identify your marital estate...

It is natural to wonder early on in a divorce process what kind of alimony obligation there might be. However, it is one of the more complicated aspects of Family Law...

Restructuring Bank Operations, Practices, and Procedures to Comply with the Requirements of Cease and Desist Orders and Banking Laws and Regulations.

Previously-secret Swiss bank account information will soon be given to the IRS. The IRS contends that UBS has 52,000 of these unreported accounts containing $14.8 billion total asset value. We provide details of UBS’s court losses, and the IRS’s related amnesty program.

California’s “Electronic Discovery Act” is effective now. While most of this closely follows federal law, there are a few important distinctions. We provide practical guidance on understanding and applying the new requirements.

Private Equity firms can profitably invest in banks by injecting reasonable capital, engaging experienced, professional bank management, and prudently investing the bank’s funds in loans and other investments that make economic sense.

The plaintiff-friendly Eastern District of Texas, known for its “rocket docket”, dished up a Texas-sized damages award involving a blockbuster drug. The filings, docket, and time incurred look more like a small-time breach of contract case than a $1.7 billion case between industry titans. This district houses 11% of all patent cases nationally, and is the largest jurisdiction for patent cases in the country.

Although there has often been a call for simplified accounting principles for smaller or non-public enterprises, U.S. generally accepted accounting principles (GAAP) historically has not included a separate financial reporting standard for smaller companies. This changed last week. The new rules are dramatically simpler and shorter. But, companies adopting the new standards will also need to make other changes in how certain transactions are treated.

This trend has increased risks and caused process plant explosions.

Earlier this month I had the opportunity to address a Canadian House of Commons Foreign Relations Subcommittee on the potential use and impact of sanctions on Iran and its quest for nuclear weapons. My Testimony is below:

Check Scam scenarios evolve and become more sophisticated over time. Anyone can become a target for a check scam criminal. However, as strange as this may sound, one of the most popular (and effective) check scam scenarios today is one that targets attorneys. Here's what you need to know to protect yourself and to deal with problems that occur.

A Banker's Guide to the Major Considerations in Handling OREO/REO. A discussion by former high-level banker, banking regulator, banking consultant to 60 banks, and experienced troubled bank rehabilitation manager.

The author comments on Interim Management, Interim Turnaround Management, Interim Restructuring Management, Transition Management, Crisis Management, Project Management and other Temporary Management situations often arise suddenly and can involve work anywhere in the world.

A Primer on Subprime Mortgage Loans, Subprime Lenders, Alt-A Mortgage Loans, Alt-A Mortgage Lenders, Subprime Credit Cards, and Subprime Car Loans.

Important Legislation that Affects Every Business that Accepts Credit Cards.

Ask the right questions before your home purchase contract becomes irrevocable.

An Overview of Several Methodologies for Valuing Businesses.

Major Factors to Consider When Hiring Management for a Failed or Troubled Bank.

According to the Broward County Commission on Substance Abuse, United Way, 2008, in 2007 there was a daily average of 9 lethal overdose reports in the state of Florida that involved the non-medical or illegal use of prescription medications , total of 3,317 fatal overdose reports, a 19% increase over the 2,780 fatal overdose from the previous year. According to DEA-ARCOS reports, Florida physicians dispense five times more oxycodone than the national average of dispensing physicians.

Allowing any agency such as the Port authority or USPS to ignore rules as a cost cutting measure lives are placed at risk such as the inadequate fire suppression systems in the WTC and how the post offices ignored the dangers of employees coming into contact with asbestos on the work room floors where everyone came into contact with it

I am constantly asked in court "what is the ideal temperature of hot water."

Fraud and Litigation Involving Real Estate Closings, Closing Protection Letters, and Title Insurance Industry Standard Practices and Procedures.

Worldwide oil discoveries have been less than worldwide annual production since 1980. U.S. oil reserves are quite low. We review a hopeful U.S. oil discovery that could be huge. Ironically, sharply increased oil prices could make the U.S less foreign-oil dependant.

Real estate values are dropping materially. With these value drops comes the possibility that you may be entitled to real property tax relief. However, you must specifically ask for the lower taxes. We describe the process and requirements.

A Primer on the Valuation of Intellectual Property, Intellectual Capital, and Intangible Assets.

Important New Information on What is Now Considered Willful Violation of FACTA.

When you consider retaining an engineering expert witness, make sure you ask them if they are a Licensed Professional Engineer. Professional Engineering licensure is the engineering profession's highest standard of competence. It’s a symbol of achievement and an assurance of quality.

The declines are far beyond the initial impact caused by subprime lending woes. We present graphs and related commentary using the best real estate price index that is available. Real estate lenders will continue to be quite cautions in this environment. It is likely that real estate will be one of the last industries to escape the current recession.

An important accounting rule change will be finalized this month that will result in $900 billion in liabilities being put on the balance sheets of the nation's 19 largest banks that just completed the Treasury’s stress tests. Some banks will have to record related losses that have previously been hidden.

Leaks through exterior walls of buildings occur often and can cause extensive damage. Determining who is at fault for the purpose of litigation or insurance adjusting requires an expert with a depth of experience, and a willingness to get dirty.

Escalating violence along our southwest border again demonstrates this country's leadership's propensity for being reactive rather than proactive in defense of our nation.

As of this writing, there are approximately 200,000 people being confined by the United States Bureau of Prisons (BOP), a component of the Department of Justice (DoJ). Their offenses span the spectrum from high treason, acts of terrorism, bank robbery, or even murder - to the more mundane non-weapon/non-violent offenses.

Software licensing is a major challenge for every software manufacturer from a one-person start-up to Microsoft. Piracy is rampant and software manufacturers are continuously looking for new ways to prevent illegal distribution of their products and catch those who use pirated versions.

To succeed at marketing any business you must focus on achieving high “ROI”, or Return on Investment. Simply put, spending your marketing dollars intelligently to maximize your returns.

On July 1, 2009, the new “Accounting Standards Codification” (ASC) becomes the sole authoritative accounting guidance for U.S. generally accepted accounting principles. The ASC divorces new codification content from historical pronouncements, and will require certain accounting disclosures to be re-written. Accounting and legal professionals will need to re-learn everything they know about how U.S. GAAP is documented, updated, referenced, and accessed.

The newest phase of “sick house” litigation appears to be here. Drywall imported from China is releasing sulfur compounds that provide a rotten egg smell, and causes corrosion to copper used in plumbing and air conditioning tubing, electrical wiring, bathroom and kitchen faucets, appliances, and other metal products. Health hazards are also being alleged. We provide background and analysis.

What a manager needs to consider as he/she moves from being a supervisor to top levels of management. The challenge of deciding how to work smarter rather than harder.

A Senate bill would allow the unused portion of the first-to-die’s estate tax exemption to be used by the second-to-die spouse. This eliminates the primary reason for most estate planning trusts. The bill makes other important estate planning changes, and makes permanent many of the existing rates and tax benefits outside of the estate planning area that are scheduled to sunset. As expected, outside of the estate planning changes, those making more than $171,550 will not get these tax goodies.

As part of the fallout from the Supreme Court’s eBay decision, trial courts must make separate non-jury findings regarding post-verdict damages when a permanent injunction is not granted. Under this recent case, all other things being equal, the royalty rate will always be higher than what the jury found.

A brief look at how one determines their turnover rate. Another article details the causes of turnover and how to reduce it's impact on your organization.

Resolving turnover issues is not too difficult if one is committed to taking the appropriate actions.

Far too many managers approach an interview as something they have to do rather than looking at it as an opportunity. Being prepared to interview enhances the possibility of hiring the right person for the right position. Lack of preparation almost ensures you get another warm body needing a job!

An accounting pronouncement highly criticized by the legal profession was formally revoked this month, putting back in place rules that the lawyers have known for years. The requirement of disclosing in the financial statement footnotes the range of expected outcomes for a recognized contingency at the acquisition date is similarly eliminated.

In a recent Central District of California case, the judge suppressed evidence and referred the lawyers involved to the state bar for disciplinary action. The Court concluded that a written conflict waiver was needed before the results of an interview of the chief financial officer could be used/shared. A written waiver is not the current standard when performing internal investigations, which causes the case to have broad interest and concern.

Microsoft recently launched Internet Explorer 8. This Internet browser controls around two-thirds of the market, and will be automatically updated through Microsoft’s updates. The most important feature of the new program is what the press called “porn mode”, or the ability to have Internet usage kept private. All other Internet browsers either have or soon will have a similar feature. This causes legal and human resource issues that are best addressed by turning this feature off.

These complex deals require a host of legal efforts, even if a bankruptcy does not occur. We provide a graphical and summary explanation of the major efforts that should be occurring in the non-legal areas, and the timing of each.

The very specific recommendations largely affect discovery. The entire process would be changed, and new strict limitations would exist. These proposals would change the economics of litigation, both for the clients and the litigators serving those clients.

Employers contemplating a reduction in force (RIF) can reduce exposure to discrimination claims through relatively inexpensive pre-RIF statistical testing. When compared to the cost of litigation, testing before final conclusions are reached is an inexpensive check. We review recent disparate impact cases, and provide best practices for avoiding litigation.

Mr. Stephen Cappannari contacted me at my office in and around the end of March 2009 with a complaint that he was going to held accountable for a morphine positive drug test in the Orange County Drug Court in Chapel Hill. The detection limit utilized by Orange County Drug Court is reportedly 75ng/ml, while some others may use a higher limit such as 300ng/ml or even 2000ng/ml.

A review of case number GH-03-0133, exhibit number 30, corresponding to Smith Texas Laboratory number 190609, determined there was a defined and remarkable reduction in weight on the proposed crack cocaine product submitted nearly two years previously, from the original weight documented by the Smith Texas Laboratory.

Graphics can help deliver more effective opening statements and closing arguments by easing the introduction of complex information and allowing attorneys to take a more teacherly role with jurors. Graphics can also help weave narrative threads from the beginning to the end of the case, which help create a more unified presentation. In order to create this thread or narrative arc, however, the goals of both opening statements and closing arguments need to be understood.

Since 1985 the Commercial General Liability (CGL) policy has had a General Aggregate Limit. Prior to that time there was no aggregate for premises bodily injury and there were four separate aggregates for property damage. This article explains why and how the aggregate limit developed over time.

You would think that in these days and times when Americans are suffering with economic difficulties and Government is spending money faster than they can print it, that the U.S. Government would be doing everything it could do to keep jobs for its citizens from letting jobs fly out the door to foreign concerns. You would think that, if there were jobs right here in the United States, the Government would at least try to keep those jobs from going to foreigners.

Opportunities are abundant in a market crash, but what are the best choices?

According to recent statistics, in India, the judge population ratio is 12 - 13 judges per million. This is the lowest in the world, as compared to 135 to 150 per 10 lakh people in advanced countries. A study conducted by the Ministry of Finance reveals that at the current rate it will take 324 years to dispose of the backlogs of cases in Indian courts. “California’s population was almost touching 38 million. In India, that’s the number of cases pending in courts across the country”.

Several important changes are expected in estate & gift taxes. A common planning tool involves creating family-owned entities and then valuing the transferred interests at a discount. In all likelihood, this tool will end. As long as the current proposal is not changed to become retroactive, estate planners should accelerate these plans. We describe expected changes in the estate & gift tax, and the likelihood of passage.

With the major indexes hitting valuations not seen for more than a decade, one might understandably believe that stocks are a poor place to have one’s money. Regardless of whether you suffered from the recent stock carnage or were smart enough to exit before the decline, the question at this time (or any time) is what will be happening to future prices? Our interactive model calculates historical returns. We then provide the lessons to be learned for today’s market.

In the past few weeks we have received numerous requests from our clients regarding whether they should reduce their fees due to the ongoing recession. We have researched this problem and the answer is empathetically no.

It is important to establish a system to formalize the business relationship so that you and your client-attorney both understand precisely who is hiring you, when you are hired, and what you are hired for.

In this day of virtual business transacting, telephone technique is important. Major business deals are initiated, developed, and consummated without the parties ever having met each other except by phone. Ongoing business relationships are sometimes maintained only by phone. Make no mistake -- we assess people's intelligence, manners, sincerity, business acumen, and other attributes through telephone conversations. And this is true especially for professional service providers.

It may be annoying for counsel to repeatedly and deliberately ask the same questions over and over again. This tactic is designed to trip up the expert by obtaining different responses and getting the expert upset. In most cases, counsel will be granted substantial leeway by a judge regarding repetitive questions and these will not be precluded for being abusive. Thus, the most appropriate way for the expert to respond is by simply answering the questions.

Government resources are usually allocated based on the political sentiment of the day. Currently, white collar financial crimes associated with the recession are in favor. We summarize statistics released by the FBI and Treasury department. White collar defense lawyers face improving business conditions.

The American Recovery and Reinvestment Tax Act of 2009 makes over 300 changes to the Internal Revenue Code. Most changes are retroactive only to January 1, 2009, and affect primarily individual (vs. business) taxpayers. Practically none of the cuts benefit higher-income taxpayers. We explain who benefits, how much, and when.

By reversing a Supreme Court the statute of limitations ruling, employees are now able to pursue discrimination cases that otherwise would not have been viable. Statistical analysis in these cases will likely be a tool used by both sides.

Mary Shapiro is now the first permanent female SEC chairperson. She is almost certain to change numerous positions taken by her predecessor.

Hair is a poor medium for determining drug usage particularly when searching for cocaine metabolites.

Both billboards and trial graphics benefit from a clear understanding of information architecture – the art and science of structuring and presenting material to make it easy to understand. While billboards are selling and trial graphics are teaching, both are created to convey a message and convince the audience of a certain version of the truth. Most trial attorneys understand this idea, too many trial graphics suffer because attorneys weren’t sure just which message should be presented.

Armed Robbery and DNA Evidence - the face value of evidence is not always what it appears. A good investigative forensic chemist can make a difference.

Air rage. It’s a catchy name to encompass a wide variety of behaviors from passengers that pose a serious threat to safety of flight. It is becoming an unfortunate reality that passenger assaults on airline employees have increased significantly over the last several years. Cathy phrase or not, air rage is becoming an unfortunate reality for flight crew members to deal with.

This article addresses changes that we already know about. The Obama administration and its friendly Congress will certainly enact additional tax law changes. We focus on items affecting the affluent, and not the myriad of tax breaks that are eliminated when one’s income reaches various threshold levels.

The GAO just issued a report that will likely to assist the Obama administration’s changes to the U.S. financial regulatory system. We summarize the GAO’s description of the regulatory problem, and their ideas of what to do about these problems. Although the report is correct on many fronts, the good ideas are lost in other Pollyannaish, obvious, and banal thoughts that are not worth the ink spilled.

Reserves are the most important asset for most energy companies. Surprisingly, this publicly-reported data is based on 30-year old technologies and measurement approaches. Last week, the SEC voted to allow important changes that will give the public much-needed information.

$50 billion was duped from wealthy and otherwise sophisticated investors who could have avoided their losses if they followed some easy rules. We summarize the Madoff scandal, and explain how ponzie schemes and other financial frauds can be avoided.

Traumatic brain injury occurs in many forms, ranging from a fall or blow to the head resulting in concussive injury, gun shot or other penetrating wounds or classic automobile or motorcycle impact. When there is impact to the head, the scalp, skull, the covering of the brain (meninges), and the brain itself are affected to some degree and respond to the insult differently. The manner, in which these various parts react, depends on many factors.

How the financial "crisis" has effected the value of closely-held business interests. Business Owners: Do Your Estate Planning Now!

Jury selection virtually guarantees that jurors are “blank slates.” They do not know the parties. The only thing they know about the dispute is what they can glean during voir dire. They are probably unfamiliar with the specialized knowledge involved. And they may know little about legal proceedings.

As the economy takes a tailspin, don’t expect your law firms to voluntarily lower their fees. Astonishingly, this year partner billing rates broke record highs, with one firm exceeding the $1,200 mark and another rising above $1,100 per hour. That’s just the outside edge of the rate envelope. Other lawyers, emboldened by those outliers, are sure to close the gap.

With the end of the year just weeks away, many companies having traditional pension plans face a significant problem with woefully underfunded pension plans. Because of falling stock market values, lower investment (interest) returns, and changes in pension funding from a 2006 law, most employers with these plans will need to make significant additional contributions. Appeals for legislative change will not occur under the Bush administration.

President-elect Obama announced the formation of the "President's Economic Recovery Advisory Board". The board will be chaired by 81-year-old Paul Volker, who served as the chairman of the Federal Reserve under Presidents Carter and Reagan. Volcker is out-of-line with current government actions which are dramatically increasing the money supply. However, in the long-term, Volcker may be exactly the advisor Obama needs the most.

Insurance attorneys are busy! No two cases are the same! Attorneys face weekly tight schedules for legal filings, depositions and court deadlines. Not to mention phone calls and client counsel sessions on a daily basis. As insurance expert witnesses we find this true of both plaintiff and defense trial lawyers who retain us. No secrets here.

How prepared are you to defend your premise from litigation stemming from a charge of negligent or inadequate security? Looking back on the incident, we realize it would have been far less expensive if we would have hardened our defenses in the first place. Many times it is not that we neglected to install a security or safety feature, only that we didn’t make sure it worked or was installed correctly or was still working.

Do you really believe the low cost bid will provide you with an effective security guard? Many organizations hire security guards because they “have to” or in order to compete for business or employees, or to make customers feel more safe. Many of them choose to have “warm bodies” demanding the lowest cost possible.

The robbery of a credit union is a traumatic event no matter if it is by passing a note (note passer) or a more violent robbery like a take-over or morning glory robbery. Robbery prevention should be a priority for each credit union office. Many robberies can be prevented by following accepted best practices and adherence to proven countermeasures.

Subrogating flood losses remains a complicated issue which requires the diligence of subrogation professionals and their interaction with subrogation counsel and hydrology experts. Recognition of subrogation potential remains the biggest obstacle in successful subrogation of flood losses. Potential subrogation usually cannot be recognized unless you understand and speak the language of hydrology, and are willing to invest the time and resources necessary to flush out third party liability.

Event Data Recorders (vehicle black boxes) have been installed in most motor vehicles for years, but it was not until recently that NHTSA decided to standardize the technology. This article is intended to explain the NHTSA Event Data Recorder Ruling.

Litigation involving Event Data Recorders (vehicle black boxes) is becoming increasingly more common. This article is intended to answer basic legal questions about the capabilities of event data recorders.

Companies can improve performance by (i) licensing technology or other intellectual property, and (ii) more assertively performing audits of existing licensees. Both of these areas generate the need for legal assistance. Legal counsel wishing to add value to client services (and who isn’t during challenging economic times?) should inquire about client practices in these areas.

Less than a month remains for planning transactions that will reduce your overall taxes. This year is considerably more complicated (yet important) because of expected changes under the Obama administration and the Democratic-controlled Congress. This article focuses on higher-income earners.

Over the past few years, e-discovery has grown from a little mentioned, often avoided aspect of litigation into a core component that can make or break a case. It first gained widespread attention in the Zubulake and Morgan Stanley cases, and was thrust into the spotlight late in 2006 by changes to the Federal Rules of Civil Procedure that specifically targeted discovery of electronically stored information (ESI).

Finding answers to the questions that arise in litigation often hinges on the proper acquisition, preservation, analysis, and presentation of electronic evidence. Reliance on electronic information is sure to increase as computer systems continue to integrate into more aspects of modern life. An experienced computer expert can provide key insight into making the best use of electronic evidence in a case.

The IRS recently issued two pronouncements that specify limited conditions under which settlement payments made to any government will be deductible. Lawyers negotiating settlement agreements will need to be more specific before their taxpayer clients can get a deduction.

Many people have come to question the effectiveness of the way we try cases. After almost 30 years in the legal business, I’ve come to believe that (1) more often than not, the jury system really does work and (2) the lawyers who understand why it works will inevitably do better than those who do not.

Our society values spontaneous creativity: We marvel at jazz improvisations, delight in a stand-up comic’s ability to create something out of nothing and admire an artist who quickly turns a blank canvas into a gorgeous painting.

Long before coaching became a recognized niche of and by itself, there was a long-standing belief in many sales organizations that coaching of employees was a fundamental management responsibility. Moreover, every professional sales trainer you spoke to, every textbook you read and every sales manager who had several years of experience would verify that coaching was a fundamental cog on the sales manager success wheel. But what has happened since?

Before us is the thorny question of how to protect cash positions while balancing the seemingly contradictory problem of keeping cost of sales under control and your sales force intact while revenues decrease. Compensating sales efforts appropriately is one solution for protecting margins, profit and cash. Solving this issue may take creating a new paradigm for sales representative compensation.

Over the years you will be asked by both prospects and customers to have your company create, build or supply a product, service or capability that is not part of your standard line.

How many times have you hired a new sales manager and because he or she was experienced and successful somewhere else, they understand how to be successful in your organization? Moreover, did you take for granted that the new manager understood what was expected of them on the very first day they began with you? And unfortunately sometime later discovered they do not have your company’s sales process, policies, procedures and prices well understood?

Experienced sales managers are always on the lookout for new sales representatives who, among other attributes, possess good people skills and are pleasant to be around. There are two fundamental reasons they should select incoming sales representatives who have sound social skills.

The author tells about his experiences as a expert on Iraqui law.

Most articles about forensic animations tend to talk about the persuasiveness and level of memory retention an animation can have on a jury. However, there are two other valuable benefits that are rarely talked about and in practice, are the most beneficial to an attorney.

The legal community objected strongly to the FASB’s proposal to significantly increase litigation disclosures contained in financial statements. The proposed changes that were scheduled to start in just a few months will be delayed for a year. The FASB will create an alternative proposal for consideration, but the original proposal for has not been withdrawn.

Because of the current recession and related bear market, practically every company will need to pay greater attention to its annual goodwill impairment test. Even without the recession and changing valuation landscape, previously acceptable goodwill appraisals might not pass the new fair value rules. Not following this accounting rule could have legal consequences with acquisition agreements and loan agreements.

Since 1994, South Africa has seen a growing number of people who have been forced to flee their countries of origin due to instability, violence, oppression or persecution, enter the country seeking protection (asylum). One of the biggest challenges faced by these individuals is the inability to work and make a living. Many times this can be resolved if employer understand the legal requirements of employing asylum seekers and refugees.

When is it appropriate to suspend and employee for misconduct in the workplace? If suspension is appropriate should an employee be paid during this period and what procedure should an employer follow prior to suspending and employee?

The author gives some suggestions to consider when buying an in-ground swimming pool.

The major accounting firms have a major litigation problem that threatens their very survival. This blue-ribbon committee made around 30 suggestions to ensure the “sustainability of a strong and vibrant public company auditing profession”, but did not provide the accounting firms what they really wanted.

The $700 billion Wall Street bailout received most of the attention. But there are also important tax provisions that have little to do with the bailout. We provide a summary.

Regrettably, a large number of nonprofit organizations are victims of employee fraud. We provide the statistics, and reasons for these results. Because whistleblowers are the most common means of identifying malfeasance, whistleblower systems are now considered a best practice. Larger nonprofits will need to publicly report whether they have such a system in place as of the end of this year, and annually thereafter. Smaller nonprofits will have similar disclosure requirements in the future.

A recent statistical analysis demonstrates that litigants should be settling more. A shockingly large percentage of litigants are getting trial results that are substantially worse than the offers they rejected. We summarize the study, when the errors are most common, and how to avoid this situation with better analysis.

The author describes a typical accident case in which his expertise is essential for the attorney presenting the case.

Complaints involving this portion of SOX are initially administered though the Department of Labor’s OSHA. OSHA has dismissed almost half of employee complaints based on a strained interpretation of the law, and has substantively ruled against the employee in most of the rest of the actions. The authors of this portion of SOX have demanded change

If your business has key suppliers or customers in the Gulf Coast area, your business could be significantly affected. This is true even though your own business property may not have sustained physical damage. This frequently occurs because of strategic supplier and customer relationships, outsourcing agreements, and just-in-time inventory systems. We explain this specialized type of insurance coverage, and provide additional advice regarding hurricane-related claims.

One of the differences between the presidential candidates is their tax policies. Current tax rates arise from two pieces of legislation supported by and signed into law by President Bush during his first term.

A former California resident received a jury award of more than $388 million after suing California's Franchise Tax Board (FTB) for its conduct in auditing him.

Attorneys need to consider how well a forensic animation will fit into their case. Is it worth the expense? Will you get something that is effective? This article looks at some considerations before committing to a forensic animation for your case.

Last week, the news repeated a Congressional report that the vast majority of corporations were making enormous profits, yet paying absolutely no taxes. The misleading commentary served as the starting point for proposing a corporate tax increase. Unfortunately, a complete and proper explanation of the facts was never offered. Examples like this support the saying “Figures lie and liars figure.”

Last February, enormous numbers of investors were caught with illiquid investments that were sold as cash equivalents. Over the last week, five major banks agreed to repurchase these investments and pay substantial civil fines. The remaining non-settling banks now face increased pressure to also settle. However, litigation will continue over substantial consequential damages that customers incurred.

This article explores the importance of weaving and presenting a good story in the courtroom.

Communication is one of the key elements in the successful application of forensic animation technologies to an accident reconstruction (or recreation).

Far too often, the materials presented in court are just mediocre at best and do not pack the kind of punch required to really get a particular message across to the jury. There are a number of different aspects to preparing courtroom graphics and animations, but by just sticking with some of the more practical tips, better value will be gained from the visuals.

Wealthy Americans are tempted to avoid high U.S. income taxation by moving funds offshore. But this “foreign” income is still fully taxable by the U.S. … unless the IRS never knows about it. Recent investigations have (or soon will) uncover the names and details of thousands of wealthy Americans who have engaged in illegal tax evasion. If you never gave in to the obvious temptation to have such a “tax-free” account before, you should not start one now.

The DOL proposed new rules that will be effective as early as January 1, 2009. Generally, the rules require additional disclosures regarding costs charged to participants, and make it easier for plan sponsors to qualify for protection from litigation. Given the shameful undisclosed marketing practices used by vendors of 401(k) plans and the costs paid by participants at many these plans, the additional disclosure will cause plan sponsors to finally pay much-needed attention to this area.

George Carlin once complained that after putting a dollar in a change machine, "nothing changed." Alas, the same cannot be said of courtrooms. Each year, the country's courtrooms are home to a variety of trends. Some of these trends you'll want to follow; others you'll want to avoid. But all are developments of which you need to be aware in order to continue to be effective and successful in the courtroom.

Most trial lawyers know that the art of presenting a case lies in simplifying enough to make it powerful, palatable and persuasive. And certainly, lawyers aren't the only ones who understand this: writers, philosophers, and marketing types have advised us to "keep it simple" for millennia. As Henry Thoreau famously noted, "Our life is frittered away by detail... simplify, simplify."

In this article, the author discusses how analogies can be used to make courtroom presentations more persuasive, and help trial lawyers to make their point.

Certain percentage of trial attorneys seem to think that acting like a mad dog in the courtroom is a good strategy. This article shows that the focus in a trial should be on the right way to tell the client’s story, not on adapting an angry persona as a strategy to win the case, and provides an example of it.

Under pressure from proposed legislation that would mandate a policy change, the Department of Justice promised to retract controversial portions of current DOJ policy that allows USAAs to (i) force waiver of the attorney client privilege and (ii) prohibit payment of employees’ legal fees.

The expanded power and intensive use of mobile devices mean that they often contain evidence that may not be anywhere else. But mobile devices provide challenges that do not exist for traditional computers.

Ensuring that your investment in a forensic animation gets admitted into court should be a concern for attorneys. By asking the right questions and working with a qualified forensic animator, one can avoid a costly and embarrassing situation. This article sets out a number of questions that an attorney should ask about the preparation of a forensic animation.

A professional deposition translator must be neutral and impartial. They must also have a firm understanding of the American legal system and its deposition process. The following are my views on what ought to be the appropriate protocol and critical aspects of being a deposition translator.

In deciding to limit punitive damages to no more than related compensatory damages, the U.S. Supreme Court set forth principles that go beyond maritime law.

After plaintiffs are able to “isolate and identify the specific employment practices that are allegedly responsible for the statistical disparities”, the employer has the burden of proof regarding why no discrimination is occurring. This brings the rest of the country to where the Ninth Circuit and California state law already was. Stealing a page from the plaintiffs’ play book, more employers should consider use of statistics to justify their conduct.

Today, many cases are won or lost on the testimony of the expert witness. Selecting the right expert for your needs is no easy task, but diligent work with experienced trial counsel in the selection and preparation process pays invaluable dividends. For a successful selection, the author explains what should be taken into account from his expert’s point of view.

Information technology has come a long way since the time of cuneiform tablets. Today litigators are finding that their cases---whether "computer cases'' or not---are relying increasingly on electronic stored information (ESI). This article considers two issues of ESI: data formats and encoding, and why lawyers should not fear the technology.

There are a number of standards for measuring walkway surface traction, some of which have some validity, and some have been demonstrated to be invalid. The author gives some insights on this issue.

As a Risk Management Consultant, the author discusses technical aspects of pedestrian slip resistance measurement and explains the terminology used by tribometrists. Furthermore, he explains some terms used by slip prevention practitioners.

The Basic Conditions of Employment Act sets out the minimum conditions of Employment in South Africa. This Act applies to all employers apart from those experessly excluded in the Act. the Act gives information on working hours, leave entitlement, overtime payment and other issues such as termination of an employment contract.

This article attempts to explain some of the cost factors of a forensic animation by considering and understanding the animation process.

Starting with this calendar year, the largest public companies will have to tag their financial statements with computer code that facilitates compilation and comparison of reported data. Starting next year, all “accelerated filers” will have such reporting. We explain the background, importance, and cost of this financial reporting.

A bankruptcy ruling from the Northern District of California could have enormous impact to the subprime loan crisis. Despite finding that the borrowers lied and would otherwise not be eligible for a bankruptcy discharge, the Court concluded that typical “liar loans” which underlie much of the subprime crisis are dischargeable because no lender would have reasonably relied on the representations contained in the loan application.

Last week, a federal Court ordered the SEC to produce thousands of pages of potentially damaging documents involving insider trading that the SEC did not pursue. Both the Senate and the Court are critical of the SEC’s lack of action. We summarize this interesting case.

When databases, computer forensics, or other large collections of electronic information are at issue, discovery challenges can be best handled with hands-on assistance from a neutral party. Courts lack the time and technical capabilities to cost-effectively get the job done. We summarize the reasons why special masters can save money, and summarize the authority for their appointment.

Taxpayers won again in the ongoing dispute over whether tax accrual work papers are privileged. The case arguable applies regardless of which of the split in authority one adopts as the starting point. All of this is important because accounting requirements (FIN 48) would otherwise make accountants’ tax accrual work papers an IRS treasure trove. The case might also have applicability in battles over other types of work papers in which legal contingencies are at issue.

The prestigious Advanced Practices Council just released a study that was not intended for lawyers, but which litigators and in-house lawyers should understand. We summarize the recommended best practices, explain why most Information Lifecycle Management applications fall short, and tell you why many lawyers should care.

When one tries to imagine how many digital images are captured each day around the world to preserve some type of visual data for accident or crime scenes, it quickly becomes apparent that there are practical uses for photogrammetry in forensics and reconstruction. Historically, the Remote Sensing and Mapping industries have been the largest users of photogrammetry; however, there has been an adoption of this technology in areas such as architecture, forensics, archeology and film.

In the legal industry forensic animations have seen a growing use by lawyers and courts since the early 1990’s. Even so, there are still numerous people who have avoided this technology simply because of a lack of understanding. Yet, time and time again, forensic animations have proven to be advantageous in deciding settlements or trials simply because they are one of the best communication tools available to lawyers and accident reconstructionists today.

This article introduces my tested and proven four-tier, 13 step model which focuses on the actions that must be taken to turn around, overcome, and compensate for deficiencies in project management, methodology, technology, and people in live, ongoing projects — before you scrap the project, fire your staff, and/or move to litigation!

A company planning to franchise a business must realize it is entering a new business, offering an entirely different service (training & support) to entirely new customers (business owner-operators). This new business requires different skills, abilities and expertise. In the new business of franchising, it is critical to develop effective evaluation, documentation, training and consulting skills.

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes legal and operational guidelines for private pension and employee benefit plans. Not all decisions directly involving a plan, even when made by a fiduciary, are subject to ERISA’s fiduciary rules. These decisions are business judgment type decisions and are commonly called “settlor” functions.

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes legal and operational guidelines for private pension and employee benefit plans. The law requires that plan sponsors must provide participants with specific information about plan features and funding. ERISA also establishes certain fiduciary responsibilities for those who manage the plan, which is what will be discussed in this article.

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes legal and operational guidelines for private pension and employee benefit plans. The law requires that plan sponsors must provide participants with specific information about plan features and funding. ERISA also establishes certain fiduciary responsibilities for those who manage the plan.

There are two types of hazards from domestic hot water systems: scalding and thermal shock. In the last few decades, the plumbing industry has come a long way in protecting people from these hazards.

The amicable conflict solving between two or more parties, a procedure successfully employed in the USA and Europe, has determined the romanian society to perceive the advantages of the alternative means of conflict solving.

The Romanian lawgiver has applied mediation to the field of Criminal Law. Articles 67-70 in the Law 192/2006 comprise special provisions regarding mediation in the criminal cases, thus paying special attention to mediation in this field.

Computer forensic techniques must ensure that data collected during electronic discovery can be used as evidence in a court of law.

There are so many different types of building construction performed daily throughout the world. Some constructions involve building high rise structures while others involve roadways and tunnels. Most people understand the inherent hazards and construction safety but what about the latent effects from solvent vapor and dust exposures.

En Belgique, la réforme du Code judiciaire applicable à l’expertise judiciaire qui fut votée en avril 2007 est d’application depuis le 1er septembre 2007. Après septe mois de pratique, cet article met en avant les principales nouveautés de cette loi et en tire de premiers enseignements.

Portable media devices put companies at risk of data theft or loss.

This year, California employers will pay nearly $15 billion for workers compensation insurance. Although premiums – the price insurers charge for coverage – have dropped by half in just four years, they remain a major expense and an occasional severe headache for many companies.

As more and more business is conducted electronically, the legal community has become aware of the need to properly archive data that might be required as evidence in litigation. Computer forensics investigation certainly plays a key role in the electronic discovery process.

Organizations purchase computers and other electronic equipment to increase productivity and improve customer service — but that doesn’t mean that’s all the equipment is used for. Employees tend to assume a degree of “ownership” of the devices on their desktops, and use them to some extent for personal reasons.

Ultraviolet light (UV) and electron beam (EB) curable materials are unique solvent-free compositions that cure (harden) in a fraction of a second upon exposure to a UV or EB source. The absence of solvent eliminates the need for large baking ovens used to process conventional solvent-based coatings (paints) and inks.

When you need access to computer records or databases often you need to convert that data to a format your staff can use during investigation. When dealing with source data from IBM Mainframe and Mid-Range computers, the data files can use concepts foreign to PC languages and applications. Conversion accuracy and process documentation are critical to solid evidence. Many factors should be considered.

The latest advancements in Computer-aided design render forensic scientists far more helpful to attorneys, with far less effort, than ever before.

Webster's Dictionary defines the word defect, as: 1. lack of something necessary for completeness; shortcoming 2. an imperfection; fault; blemish. To some Plaintiff Attorneys, and their Experts, the word defect has an entirely different meaning. It could mean that the work was performed with less than absolute perfection, with the "Standard" being "Absolute Perfection".

In my previous article entitled "Construction Process Can Lead to Defects", I illustrated various aspects of how the construction process may well lead to defects.

Webster's Dictionary defines the word defect: 1. lack of something necessary for completeness; shortcoming 2. an imperfection; fault; blemish. When relative to construction claims, the word defect also equates to financial disaster when it reaches litigation.

While the NSC publications provide generous guidance, two aspects they do not address fully are the application and implication of ergonomics and human factors in the design of machine safeguards.

Confined Space entry and Lockout & Tagout under OSHA are procedural standards... using procedures and practices to a significant degree. Due to this, there are always "questions" of what a certain section may mean. OSHA has offered numerous interpretations, and this article discusses some of those. This article appeared in the February 2005 issue of Occupational Health & Safety.

Interlocks are often required by codes and standards, but sometimes, where there is no such requirement, the safety philosophy of the configuration needs to be examined. The following article, previously published in a safety journal, discusses some related issues.

The TASER type device (also known as an Electro-Muscular Disruption Device or EMDD) has received considerable news coverage over the last few years and most recently involving its deployment on a University of Florida student on campus several months ago. Much discussion has been generated as to when this type of weapon should be deployed by police and law enforcement personnel, and where it falls within the Use of Force Continuum.

It may not be fair, but it’s true: Your first few months as Managing Partner—the time when you are just starting to grasp the totality of your new job—may well turn out to be the most crucial in setting the stage for a tenure that hopefully should last for years.

Improve your hiring by becoming a master of questioning.

Under a recent Amendment to Federal Rules of Civil Procedure (Rules 16 & 26) ALL U.S.-based companies are required to archive ALL email, instant messenger conversations, and electronic documents for use in court if a company is ever sued.

Failure analysis determines the root cause of failure. The information presented in the failed component allows a company to reduce the possibility of re-occurrence. This paper will discuss failure analysis in general terms.

The proposed merger of the DM&E into the Canadian Pacific and its entry into the coal rich Powder River Basin of Wyoming is sure to be opposed by the Union Pacific and BNSF, which now alone originate coal shipments there. The dispute will need to be resolved by the Surface Transportation Board. If the transaction is approved, the rates for transporting coal are likely to be reduced, favoring the construction of coal fired electric generating stations.

As long as home prices continued to increase at a blinding rate, there was no reason for the lenders to worry about the security for the loan they approved and funded. Now, in a very different market environment, they find themselves facing mass defaults on loans and very angry homeowners who say that the loan underwriters deceived them when they allowed them to purchase homes for which they were clearly unqualified.

Fingerprint evidence has widely been thought to be irrefutable in court. Things aren't always as they appear to be.

Rules change is forcing organizations to establish processes for archiving, retrieving and handling data for evidentiary purposes.

Sometimes corners are cut when utilizing forensic science to "solve" an issue at hand. This can lead to life affecting mistakes as well as expensive blunders. It is important to utilize all the tools available in order to reach a valid forensic opinion.

Like any field, forensic science has both good and bad practitioners. If analysis results are based on science, and science is exact, then how can there be opposing experts in litigations?

Hispanic constructions workers are increasing but in many cases without proper safety enforcement and training. There is a need for more Spanish speaking OSHA instructors and inspectors to fill the void.

This article deals with the lack of strong enforcement of MSHA safety regulations which may have played a role in recent mining disasters. The author has over 35 years experience in safety with 10 years as an MSHA engineer and inspector.

Institutionalization of HSE is not widely discussed but is the highest level of achievement that HSE performance can achieve. It means that HSE has become part of the corporate culture and is the way "we do business". It has become as natural as breathing. This paper discusses how an organization can achieve this lofty level of success. It is not an easy road but when achieved is well worth the effort.

This article outlines my experience in transforming a former Soviet Republic oil company's HSE program from a poor performer to an industry best performer using tried and proven principles.

The use of risk assessment principles is key to an effective and successful safety program. This article provides a basic introduction to risk assessment by utilizing a simple example involving a car crash. When these simple elements are introduced into a work place, accidents reduce and the severity of the accidents also reduce.

My dilemma revolved around limitations pertaining to the original document bearing the questioned signature: time and location.

In the Armstrong v. LaSalle Bank National Association decision on a motion for summary judgment, the trial court found in favor of the defendant trustee’s decision to accept an employer stock valuation that did not include a discount for lack of marketability. The plaintiff appealed the unfavorable trial court decision to the Seventh Circuit. While recognizing an ESOP trustee’s discretion in employer stock valuation matters, the Appeals Court reversed the summary judgment decision.

In litigation controversies related to the income tax deduction of shareholder/executive compensation as a business expense, the courts generally apply a multi-factor test to determine if the compensation is reasonable. The courts apply this test with an emphasis on the perspective of a hypothetical independent investor. In this analysis, the extent to which the courts accept and rely on compensation data from published compensation surveys and/or from comparable company analyses varies.

There is a split in authority in the federal courts regarding the discoverability of attorney work product provided by counsel to his or her expert and in particular, the discoverability of draft expert reports. Most jurisdictions have ruled that the 1993 amendment to the Federal Rules of Civil Procedure makes it clear that any materials provided by counsel to a testifying expert is discoverable, including information contained in draft reports.

Trial judges perform a “gatekeeping” function, deciding whether to admit or to exclude expert witness testimony as trial evidence. Trial judges often apply the four factors articulated in the Supreme Court Daubert decision in their judicial decisions regarding the admission of expert testimony. This discussion summarizes the evidentiary considerations regarding (1) the level of certainty in the causation of economic damages and (2) the level of certainty in the measurement of economic damages.