Articles by Expert Witnesses
We’ve all heard them, those little snippets of information that you heard from a friend who got it from a friend of a friend of a friend.Let us separate a little fact from fiction once and for all.
In an increasingly cyber-world, many experts believe that the United States is not prepared for a sophisticated cyber-attack. Every day we get closer to a potential cyber disaster.
While Amazon is working to develop “Prime Air”, the FAA and other groups battle over the use of Drones. Prime Air’s goal is to deliver products to Amazon’s customers within 30 minutes of the product being ordered. Meanwhile,the Federal Aviation Administration is not expected to establish final rules for commercial drone use until late 2015.
California is putting pressure on cell phone manufacturers to integrate a “Kill” function into their cell phone operating systems (OS). It appears that the pressure from State and Federal law enforcement officials is working on Google and Microsoft.
Small companies have been copying a method to control insurance costs and reduce taxes that used to be the domain of large businesses: setting up their own insurance companies to provide coverage when they think that outside insurers are charging too much.
Every business owner thinks he pays too much in taxes, and in reality, most actually do. These days your accountant has to "play it safe". This is not reducing your tax bill.
Defined-benefit pension plan sponsors struggled to fund their pension obligations in the wake of stock market declines after the Great Recession of 2008. Recently, a trend toward bond investments is emerging as major U.S. employers seek to reduce volatility and the associated vulnerability to market swings.
IRS Criminal Investigation (CI) has developed a nationally coordinated program to combat these abusive tax schemes. CI's primary focus is on the identification and investigation of the tax scheme promoters as well as those who play a substantial or integral role in facilitating, aiding, assisting, or furthering the abusive tax scheme, such as accountants or lawyers. Just as important is the investigation of investors who knowingly participate in abusive tax schemes.
"The IRS is committed to stopping complex tax avoidance schemes and the people who create and sell them," said IRS Commissioner John Koskinen. "The vast majority of taxpayers pay their fair share, and we are warning everyone to watch out for people peddling tax shelters that sound too good to be true.”
Recently, Delaware became the first state to enact a law that ensures families’ rights to access the digital assets of loved ones during incapacitation or after death.
Part of our Forensics practice at Evidence Solutions,Inc. includes Electronic Medical Record (EMR) / Electronic Health Record (EHR) forensics. We take special interest in finding out about hacking events that affect Electronic Medical Record (EMR) Systems.
Provided by: Accountability Services Inc
Even though the post-recession darkness has been illuminated by the Dow-Jones surpassing 18,000, the pressure on in-house counsel to manage and control the efficiency, predictability and cost effectiveness in the delivery of legal services has not lessened. The good news for in-house counsel is that over the past seven years or so there has been a dramatic shift in the relationship from a sellers’ market to a buyers’ market and there is now a fiercely competitive market for legal services.
These three significant breaches highlight just how vulnerable U.S. private networks are to black hat hacker threats. The massive data breach of Target in the last quarter of 2013 generated tremendous concern for PII. Despite all the attention and concern generated by the massive data breaches of the last year, many companies still appear unprepared to detect and mitigate network intrusions.
Federal officials say the copy-and-paste features common to computers which are used to enter Electronic Medical Records (EMR) and Electronic Health Records (EHR) invite fraud. Merely copying and pasting another patient’s clinical notes can be considered fraud. The Federal Government believes there is a need to reduce the healthcare provider’s ability to duplicate notes.
Provided by: Bob Lawson, AIF®, CFE®, RFC®, LUTCF®
The vast majority of the world's liquid investable wealth is in the hands of investment fiduciaries, and the success or failure of investment fiduciaries can have a material impact on the fiscal health of any country.
As you travel keep the following scams in mind:
An insider's understanding of the processes and objectives of the initial due diligence communications between the parties can help unravel later disputes in business transactions.
Companies seeking to close new transactions with commercial banks, private equity firms, hedge funds, or investment banks will do well to consider advance preparation in a few key areas.
As you travel keep the following scams in mind:
Over the past ten to fifteen years, the role of commercial banks has shifted dramatically where they have migrated into collateralized 'structured finance' loan portfolio products, including home mortgage loans, for sale into the securities markets. This article addresses this market phenomenon.
Provided by: D.A. Doddridge & Associates, Inc.
According to the National Safety Council statistics, falls are the second leading cause of accidents in the U.S., second only to motor vehicle accidents. While many falls occur as the result of a “slippery” floor, many falls also occur on stairways, both within the home and in commercial locations.
One of our experts was notified by a friend that her laptop had disappeared at an airport security screening checkpoint. Never to be seen again. Yikes! It is a good reminder we need to be extra vigilant while traveling.
2014 was certainly a year to be remembered, from politics to the people who were born and died, it will be a difficult year to forget. From a technology standpoint, it is also nothing to shake a stick at. The ever anticipated 2014 Internet Trends report from Kleiner, Perkins, Caufield and Byers (KPCB) a venture capital firm located in Menlo Park, California in Silicon Valley, was released in late May of 2014.
Pension de-risking through annuitization continues to be a desirable option for plan sponsors looking to reduce or eliminate their risk for current and future liabilities. Kimberly-Clark Corp., the latest in a string of companies taking this approach, plans to reduce its projected pension benefit obligation by transferring payment responsibility for retirement pension benefits to two U.S. insurers.
Mission, Methodology & Ethical Duty of Independent Forensic Psychiatric Experts Contrast with Treating Doctors
The mission of the forensic psychiatric expert is not the alleviation of suffering but rather the determination, as accurately as possible, of what is objectively true, assuming a professionally skeptical point of view and seeking firm evidence to support any conclusions while always considering alternative hypotheses.
The opinions of a forensic psychiatrist must be firmly grounded in thorough clinical training combined with substantial experience. Nevertheless, the roles of psychiatric clinicians and forensic psychiatric experts are widely disparate.
Provided by: Rappoport Development Consulting Services LLC
Landscape and tree contractors may not realize their potential liability for work performed for a client. A particular problem is ignoring field conditions. Perhaps the contractor is unaware of their duty of care to avoid acts or omissions that would be likely to harm others. This article examines the duty of care for landscape, maintenance and tree care contractors and how they can satisfy the industry standard of care for field issues and repairs.
Shortly after Target’s massive data breach in December of 2013, Attorney General Eric Holder released a statement encouraging the United States Congress to pass a federal law which would become the standard for data breach notification. "This would empower the American people to protect themselves if they are at risk of identity theft," Holder said in the statement.
Catastrophic events will not cause the same emotional response or injury to occur among all persons who experience the same or similar events. Forensic psychiatric examinations including psychological testing early in the process can help validate or disprove plaintiffs’ claims.
Provided by: IP Business Law, Inc. - Antonio R. Sarabia II
The application of copyrights to clothing.
On June 13, 2014, P.F. Changs, based in Phoenix Arizona, released a statement saying they had experienced a breach involving data from their customers credit and debit cards used at their 403 location in the U.S. (including P.F. Changs and Pei Wei). he statement said the time frame in which credit card information was stolen was between March and May of 2014.
U.S. Supreme Court Directs Lower Court to Revisit M&G Polymers Case Terminating Free Retiree Health Benefits
In a unanimous decision, the U.S. Supreme Court appears to have sided with a chemical company in a case where union retirees were fighting to keep their health benefits. By their ruling, the justices reversed an earlier appeals court decision which favored employees and said the benefits had vested for life.
United States Attorney Booth Goodwin, announced recently that a former network engineer at Charleston, South Carolina based EnerVest Operating, LLC (“EnerVest”), was sentenced to four years in federal prison for intentionally causing significant damage to his employer’s computer system. The culprit: Ricky Joe Mitchell, 35, of Charleston, West Virginia.
Provided by: Fulcrum Inquiry
Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.
The world has watched in recent years as Twitter, Facebook and other social media sites have made political uprisings possible where previously very difficult or perhaps impossible. In countries where dissidents had trouble making their voices heard due to the inability to quickly connect with one another, these tools are used to forward their agendas and change history.
Provided by: Lee Segal, Segal Commercial
California lawmakers must act to shore up commercial properties by boosting Hollywood production.
Electronic Medical Records (EMR) and Electronic Health Records (EHR) are great tools that allow for data exchange between providers and faster access to a person’s medical history. Along with this ease of access comes the potential for abuse.
Provided by: Rosemary Coates
Contract Manufacturers for electronics and industrial products provide engineering and manufacturing services to companies that do not want to own and operate their own factories. CMs are experts in manufacturing and can quickly adopt your products into their manufacturing lines. CMs are excellent at assembly and repeatable production and are the kinds of factories you often see in photographs where hundreds of young women are bent over assembly tables.
Provided by: Advanced Pain Solutions - V.K. Puppala, M.D.
Prescription drug misuse and abuse has skyrocketed to unprecedented proportions, forming an epidemic in the United States.
The Multiemployer Pension Reform Act of 2014 was enacted this past December as part of a larger omnibus budget and spending bill. Widespread changes are part of the new measure, which enables private sector multiemployer plans—concerned about financial solvency—to suspend benefit payments to retirees as well as accrued benefits for participants.
The Heartbleed bug is bad, very bad indeed. By one estimate, it affected nearly 2/3 of Internet sites at its discovery. The problem still exists today with sites that were not fixed. Here's what you need to know.
An ID Experts study says that the increased use of smart phones and tablets is significantly increasing the risk of cyber attacks in the health care industry. It links the risk to these devices to not having proper malware and virus protection. The study also indicates that there has been a 100 percent increase in attacks in these types of organizations since 2010.
Provided by: Kathryn Arnold
Hollywood’s move into the OTT/direct to consumer service, seen by HBO and potentially Showtime and Starz, is both inevitable and a game changer. As more and more consumers cut the cord and view their programing direct from the creator —as seen for the last several years on YouTube— and now on Netflix, Amazon Prime and others, it makes sense for the major content creators like HBO to follow suit.
Provided by: Kathryn Arnold
He's either recognizable, or he's not, was the relevant question on a recent case where I served as an expert on behalf of a deceased man’s family. They were horrified and distraught after seeing their loved one in his coffin, on a highly successful cable network. Yes, the man was shown in his blue suit, in a coffin over 11 times during a 5-minute segment. Even though his faced was partially blurred, it was not blurred enough, and the family recognized him.
Security and privacy is important, and probably more important than what many realize. Recently it has become more obvious that security and privacy have been lacking, so here are a few, sometimes wacky, tips to ensure your continued safety and privacy from a variety of threats that can arise.
Provided by: Paula E. Bruce, Ph.D.
Who are you in your relationships? Do you have a hard time sustaining them? A common dynamic observed in difficult relationships.
As Detroit moves forward in its exit from bankruptcy, thousands of pension holders will see a reduction in their pension benefits.
An employee of the website hosting and Internet domain registrar, GoDaddy was tricked into giving a Black hat hacker information that could allow the hacker to take over customer’s domain names. This incident further illustrates that employees can be the weakest link in an organizations security.
Provided by: Diversified Aviation Consulting
Early one Saturday morning, an aircraft mechanic was taxiing an aircraft when an airport vehicle runs into the aircraft. The mechanic was not wearing his seatbelt. He was thrown across the pedestal, his body pushed the thrust levers up to near take off power, and the force pushed the truck over 300 yards down the taxiway ending in an almost fatal accident.
Provided by: Fulcrum Inquiry
The Securities and Exchange Commission (“SEC”) has been awarded a substantial win in its civil enforcement action against Samuel Wyly and Donald R. Miller, Jr. as the Independent Executor of the Will and Estate of Charles J. Wyly Jr. (the “Wylys”).