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How To Get The Discovery You Need From Your Opponent

Provided by: Fulcrum Inquiry
An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

Trends in International Education

International higher education is a big business, a $400 billion dollar “industry.” Since 2000, the number of overseas students, graduate and undergraduate students and exchange students, has increased by nearly 80%. Higher education is a business wrapped around every corner of the globe.

International Education Interesting Facts and Trends

Education is the fourth largest source of exports in the U. S. behind: royalties and license fees, business, professional, and technical services and financial services.

Chinese Higher Education Trends

Chinese student enrollment will continue to increase and dominate international student enrollment in the immediate future. However, as the Chinese government continues to fund higher education and Chinese colleges and universities improve fewer students will leave China to study. It won’t happen tomorrow but is a trend to watch with huge implications for colleges and universities around the world who depend on Chinese enrollment for financial viability.

New Trends in International Education

In 2010-11 there were 723,277 international students enrolled in the United States. In the prior year the number was 547,867 and in 1980-81 the number was 311,882.

India Higher Education Trends

According to an article in “The Economist,” India’s growth rate could overtake China’s rate by 2013 due to China’s aging population and the one child policy. There are over 600 million Indians under the age of 25 but less than 12% have access to higher education. Indian demand for higher education far exceeds supply.

Trends in International Education Selected Countries

Trends in International Education Selected Countries

Economic Tsunami and the Impact on Higher Education

The world’s economy has entered a major downturn with unemployment and financial strains affecting many countries in Europe, China and the United States. This is not a single year situation, but one that will affect high education for years to come challenging the business model that has dominated higher education for decades.

China’s Economy and Its Impact on Higher Education

This article will list some of the economic and political factors affecting China’s economy and the potential for ramifications on Chinese higher education and Chinese student mobility.

Computer Forensics and Child Exploitation

How a computer forensics investigation firm can help with child exploitation cases. (Pt. 1) Child Exploitation cases are difficult for everyone involved. The alleged victims encounter a range of emotions. This type of accusation can destroy reputations and wreck havoc on all those involved. The nature of this accusation is intense.

How Unallocated File Space Can Help Your Case

Technology has opened a door to a world of new ways of storing and obtaining important data. The internet, computers, cell phones, PDA’s and other electronic devices that have memory storage enable us to communicate and save information electronically. When this is done, the data is saved into the memory disk of the device.

Preserving Digital Evidence

Are you properly preserving digital evidence for your case? If there’s anything important in the legal field, it’s the preservation of evidence. When it comes to digital evidence, also referred to as eEvidence, different procedures have to be used in order to capture and preserve it.

Legal Fire Prevention - Pregnancy Policy

Discrimination and inequity in the administration of light duty policies related to female firefighters leads to significant problems for fire departments that chose to ignore the law and discriminate against their female employees and firefighters. A recent case in Davie, Florida brings this issue to the forefront and the need for a light duty policy equitably administered to all employees.

Public Pension Plan Accounting Changes Highlight Shortfalls

The $1 trillion gap between pension benefits promised to public employees and the actual funding needed to finance these benefits will gain more attention with pending public pension accounting rule changes. The Governmental Accounting Standards Board (“GASB”), the industry organization responsible for establishing accounting standards for U.S. state and local governments, recently approved two new standards regulating the accounting and financial reporting of public entity employee pensions.

Expert Witness Advice on How to Demonstrate and Prove Economic Damages in LIBOR Manipulation Lawsuits

Provided by: Don Coker
Renowned nationwide banking and economic damages expert witness for plaintiffs and defendants in over 500 cases, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks and numerous municipalities and other governmental entities, Don Coker, explains some of the important nuances of establishing and quantifying economic damages in Libor manipulation litigation.

Tax Crimes - Is the IRS Coming to Get You?

People who have money in other countries are a target of the IRS. I get a lot of phone calls with people who have these problems. 419, 412i, hiding money offshore etc. The IRS may be looking for you if you had anything to do with this. Tax crime attacks by the IRS are up almost 50% so you need to be careful. Last year IRS raided the offices of Benistar, Grist Mill Trust, Nova with about 50 agents and took all the files. If you did business with them the IRS will probably come to you.

Section 79 and Other Abusive Plans Being Audited IRS

The IRS is on guard and starting to attack Section 79 plans. The decision to participate in such plan requires commitment to ensure the legality and proper guidelines are being followed in income inclusion, tax deductions and reporting. Based on the number of phone calls we are receiving from people being audited in abusive Section 79 plans the buyer must be very careful.

Fire Investigations and “The Scientific Method - Change is Good!”

Provided by: Pyrocop, Inc.
"Over time, there have been significant changes in the standard of care for conducting a fire investigation. Therefore, it is essential that fire experts and attorneys become familiar with the guidelines of NFPA 921, particularly the investigative process referred to as the "Scientific Method".

Defending RMBS Lawsuits Alleging that Banks and Mortgage Companies Misled Investors Regarding Lending Standards

Provided by: Don Coker
Renowned nationwide banking expert witness for plaintiffs and defendants in over 500 cases, former high-level banking executive and banking regulator, and banking consultant to over 80 banks, Don Coker, explains the most effective methods for defending against lawsuits alleging violations of nationwide mortgage banking industry standard policies, practices, principles and procedures for underwriting, originating, selling, and servicing mortgage loans and Residential Mortgage-Backed Securities.

A Primer on Creating and Using Surveys

Provided by: Fulcrum Inquiry
Opinion polls (surveys) are used extensively to understand almost everything that cannot be looked up as a scientific fact. Polls are reported everyday on subjects ranging from what flavor toothpaste kids like most (Colgate probably already funded this poll), to what voters think is the best way to get out of an economic recession.

California’s Business Judgment Rule Offers No Protection for Officers

Provided by: Fulcrum Inquiry
Before its failure, IndyMac Bank was the largest savings and loan association in the Los Angeles area and the seventh largest mortgage originator in the United States. IndyMac was the fourth largest bank failure in United States history, and the second largest failure of a regulated thrift.

GM and Ford Offer Retirees Lump-sum Pension Payments

Auto company retirees have important investment decisions to make as they consider special pension buy-out programs being offered by both General Motors (“GM”) and Ford Motor Company (“Ford”). While the unprecedented lump-sum buy-out offers will assist the auto makers in what Ford describes as a “long-term strategy to de-risk its global funded pension plans,” the action will transfer the risk of managing pension funds from these Fortune 10 employers into the hands of the pensioners themselves.

Real Estate Appraisal Nationwide Industry Standard Practices and Procedures Important in Banking Litigation

Provided by: Don Coker
Renowned nationwide banking, lending, and mortgage banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks Don Coker explains some of the important nuances of nationwide banking industry standard policies, practices, principles and procedures of the real estate appraisal industry as they relate to mortgage and banking litigation.

Expert Witness Advice on Bank Holding Company Structure Issues Important in Banking Litigation

Provided by: Don Coker
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks Don Coker explains some of the important nuances of nationwide banking industry standard policies, practices, principles and procedures of bank holding company structure that are important to keep in mind during litigation.

Expert Witness Advice on Defending Securities Litigation Involving SEC Rule 10b5-1 Insider Trading Issues

Provided by: Don Coker
A renowned financial expert witness, former high-level banking and investment portfolio management executive and board member, banking regulator, and nationwide consultant to 80+ banks and investment management companies explains important nuances of how non-attorney investment and banking professionals view nationwide industry standard policies, practices, principles and procedures involved in defending alleged insider trading litigation claiming a violation of the SEC’s Rule 10b5-1.

Landscape and Maintenance Contractors, are you Creating a Trip and Fall Hazard (and Potential Lawsuit?)

As a landscape and certified tree arborist expert witness, I have been involved with several trip and fall construction negligence lawsuits. In many cases, the hazard was created inadvertently by a landscape or maintenance contractor. Often times, the homeowner association and property management company were unaware of the potential hazard. The article discusses landscape contracting and maintenance related trip and fall and other construction negligence cases and issues.

Violating the Code of Ethics Can Get You Sued

Provided by: Larry Lowenthal
Realtors who ignore the Code of Ethics do so at their own peril. Angry buyers & sellers who believe they suffered financial damages because of a real estate agent are quick to instigate lawsuits to recover their alleged losses. Lawsuits can be costly in time, money, and reputation, and are always emotionally stressful. But prudent Realtors who learn and then abide by our Code of Ethics can avoid the mistakes, pitfalls, and temptations that lead other licensees to litigation nightmares.

The Importance of Consistently Generating New Content for Your Law Firm’s Website

Literally hundreds of variables determine where your firm’s website will rank on a search engine directory. One of the most important of these is the existence of new content. Google, Bing, Yahoo and all the others absolutely love fresh material and reward those who consistently update and enhance their sites.

Set-Off Industry Standard Policies, Practices, Principles and Procedures Important in Banking Litigation

Provided by: Don Coker
Renowned nationwide banking expert witness consultant, former high-level banker and governmental banking regulator Don Coker explains some important issues in the often misunderstood procedure of Set-Off as it arises in banking litigation. When a bank has a loan to a borrower, the borrower will not pay, and the borrower has money in a bank account that is held at the same bank, the lender may elect to use its right of Set-Off to seize funds in the bank account and use the funds to pay the debt.

Fiduciary Liability Insurance and ERISA

The definition and responsibilities of an ERISA fiduciary compared to an ERISA settlor form the basis of a recent New York Court of Appeals ruling in Federal Insurance Co. v. IBM Corp., 2012 N.Y. LEXIS 311 (N.Y. Feb. 21, 2012). - Background on the Distinction between an ERISA Fiduciary and Settlor - The Employee Retirement Income Security Act of 1974 (ERISA) establishes legal and operational guidelines for private pension and employee benefit plans.

Unsettled Times Call for a Little Magic

What does the future look like for those of us in the Employee Benefit industry? Some wonder if there will even be a group health insurance market in a few years. Until the US Supreme Court makes their decision(s) regarding Patient Protection and Affordable Care Act (PPACA) later this year, that is a question which seems to hold credence with many when it really shouldn’t.

419 Welfare Benefit Plans

A view from a former IRS Agent, CPA, College Professor - Sam Susser - Welfare Benefit Plans (WBP), also known as Welfare Benefit Trusts and Welfare Benefit Funds are vehicles by which employers may offer their employees and retirees with certain types of insurance coverage (e.g., life insurance, health insurance, disability insurance, and long-term care), as well as other benefits such as severance payments and educational funding.

Elder Abuse - It Isn't Always about Physical Abuse

Provided by: Michael Panish
Seniors seem to be one of the prime targets for construction scams. Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.

The Ins and Outs of Automatic Door Operation - A Basic Primer in How They Work

Provided by: Michael Panish
A Basic Primer about Automatic Door Functions - One of the most frequent calls I receive from attorneys is about injuries sustained from an automatic door malfunction. The call usually begins with a scenario much like, "My client, who is almost eighty years old, was in a hotel lobby, and as she was walking through the doorway to the parking lot, the sliding doors slammed shut on her, causing her to break her hip."

Door Defects and Related Injury Claims - A Guided Tour of Manual Doors and Hardware

Provided by: Michael Panish
Early photos and expert inspection of a door injury site can be extremely important for your case. Hiring a competent door expert and capturing critical evidence is one of the most important things that you can do for your client. While your door expert should be thoroughly versed on every aspect of doors, door hardware, and installation elements, your ability to effectively describe the site shows your professionalism and concern for your case.

Expert Witness - Plaintiff or Defense?

Provided by: Michael Panish
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of construction cases do you work for the Plaintiff?" and "On what percentage of construction cases do you work for the Defense?" It has been said that any expert that will work on either side of a case must have his own financial interest as his primary concern; the expert being considered an unreliable "Gun for Hire."

Cabinetry Expert Witness - Discussion on Wood Finishes

Provided by: Michael Panish
I have been contacted as an expert witness by homeowners, contractors, and attorneys on many occasions to give my opinion on issues arising from alleged defective cabinet, wood, and furniture finishes. With the constant changes in formulations of finishes and paint products, modern methods for application and preparation have become very challenging. Finishes that were available 15-20 years ago have been outlawed due to EPA regulations.

Automatic Doors - The Importance of Checking Your Doors Daily

Provided by: Michael Panish
Most chain stores very rarely have a periodic maintenance (P.M.) plan in place for automatic door systems. Daily safety checks are the responsibility of the store or facility management. While evaluating your next door related injury case, it is essential that you have a full understanding of the various layers of responsibility that may play a role in the path leading to the door malfunctioning.

Cabinetry and Millwork: Defective Design or Defective Workmanship? Who is Responsible?

Provided by: Michael Panish
For cabinetry defect lawsuits the usual course of action by attorneys is to sue all parties in the chain of events, from design through installation. My job as a cabinetry and mill work expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way.

Manual Door Closers - Do You Have an Open and Shut Case?

Provided by: Michael Panish
I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms. Manual door closers are ubiquitous. We take advantage of their service on a daily basis without usually noticing that they are in place or that they are doing their job correctly. It is when something is seriously wrong with these closers that they become blatantly noticeable and potentially dangerous. Why can door closers cause injuries?

Panic Hardware - Getting to Know the Basics

Provided by: Michael Panish
Injuries resulting from panic hardware are more prevalent than you might think. Injuries can be due to lack of maintenance on these devices and/or installation of spurious parts or components. As a door and hardware expert witness and forensic consultant, I have been retained on many cases where installed panic hardware has been the source and cause of severe bodily injuries.

Garage Doors - A Brief Tutorial on Garage Door Safety and Installation

Provided by: Michael Panish
A brief description of a few different types of garage doors. I have been involved in numerous garage door cases where many different reasons for an injury have occurred. Having been retained as an expert witness for both plaintiff and defense for all types of automatic doors, several common factors have been observed. As a door expert witness, I am called upon many times a year to evaluate garage door injuries.

Funeral Service Related Torts

Provided by: Shun Newbern
When dealing with a legal matter that involves embalming failure or service complications, you must look at several essentials that will result in the best results. In that regard, you need a consultant or expert that knows mortuary law and the daily functions of funeral service.

Expert Witness Assistance in Real Estate, Mortgage and Financial Fraud Scams Using a Straw-Man or Straw-Borrower

Provided by: Don Coker
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 75 banks Don Coker explains some of the important nationwide banking industry standard policies, practices and procedures encountered in fraud scams that utilize straw-man and straw-borrower parties in real estate, mortgage, sale closing, mortgage closing, title, and financial fraud schemes.

401k Retirement Plan IRS Audits

401k IRS audits be careful - The Flooring Contractor Summer - Has Your 401k or Other Retirement Plan Been Reviewed? By Lance Wallach. Government officials now expect 401(k) plan sponsors to conduct periodic due diligence reviews. With respect to their 401k or other retirement plans, the problem is that most sponsors (owners) do not have the in house resources to do so.

Section 79, Captive Insurance, IRS Audits and Lawsuits on 419 and 412i Plans

IRS Attacks Business Owners in 419, 412, Section 79 and Captive Insurance Plans Under Section 6707A - By Lance Wallach - Taxpayers who previously adopted 419, 412i, captive insurance or Section 79 plans are in big trouble. In recent years, the IRS has identified many of these arrangements as abusive devices to funnel tax deductible dollars to shareholders and classified these arrangements as listed transactions."

Life Agents and Accountants Fined $100,000 for Selling 419 and Other Insurance Plans

Accountants and others fined $100,000 for signing tax returns and selling 419, 412i and other abusive life insurance plans. - Accounting Today - ‘Don’t Become A Material Advisor’ - Accountants, insurance professionals and others need to be careful that they don’t become what the IRS calls material advisers.

419 Plans Attacked by IRS

Insurance agents and costs attacked. - Enrolled Agents Journal March*April - For years promoters of life insurance companies and agents have tried to find ways of claiming that the premiums paid by business owners were tax deductible. This allowed them to sell policies at a “discount”.

FBAR International Tax Problems Transfer Pricing and the IRS

IRS is looking at transfer pricing, FBAR and international tax. FBAR International Tax Problems Transfer Pricing and the IRS - By Lance Wallach - The IRS dedicates enormous resources toward dealing with taxpayers who are involved with any form of transfer pricing.

Older People Hurt by Insurance Salespeople

Insurance agents are taking advantage of older people. Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess; Author/Moderator: Lance Wallach, CLU, CHFC - Excerpts have been taken from this book about: Senior abuses.

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