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Adaptation in the Fire Service

It is important that the Fire Service adjusts to the ever changing political and financial pressures that affect its survivability.

Training is the Key to Success, or Failure, in Business

Provided by: Dr. Bob Rose
Business runs on processes such as hiring, safety, management techniques, etc. And the larger the business the more likely these processes will have associated training programs vs the OTJ training in Mom and Pop companies. And these training programs, while appearing excellent on the surface, may be quite faulty. If you evaluate problems relating to safety, proper employee treatment, etc. you should start by looking at the training.

Personal Injury Due to Glass Breakage, Window Detachment and Mirror Breakage

Provided by: Mark Meshulam
Despite codes and standards for safety glazing and consumer product safety, injuries continue to occur due to glass and mirror breakage, and window detachment. Who is at fault? What went wrong?

Wall Street Reform

Provided by: Linda Mae Williams
Dodd-Frank Wall Street Reform and Consumer Protection Act (Wall Street Reform Act) was enacted into law July 21, 2010. Among other provisions, Title XIV of the Wall Street Reform Act amends TILA to establish mortgage loan origination standards. (HR4173, 2009) Included is a provision termed Restoring American Financial Stability Act of 2010.

Irrigation Landscape Construction - Standard of Care and Industry Practices

Attorneys involved in construction defect and negligence cases determine whether or not a defendant satisfied the industry standard of care. However, cases involving irrigation related accidents and resultant lawsuits maybe difficult to determine the standard of care for a variety of reasons. This article examines standard of care issues and provides useful information for plaintiff and defendant cases.

Targeting Internet Child Pornography

Are our law enforcement agencies effectively finding the real violators or are we simply identifying those who are slipping from Fantasy to Felony?

The Seven Rules for Hiring a Wireless Technology Expert

There are a number of factors that make retaining a wireless technology expert a daunting experience. The field of wireless technology is wide, the topic is deep and the specifics are complex. This article provides seven things you should look for when hiring a wireless technology expert to help guide you through this minefield.

State Pension Plans Influence Real Estate Purchase Decisions

School districts used to be the number one concern among families shopping for a new home or relocating. Homebuyers may now realize that public pension & retiree health obligations are an essential measure of a state, city, school district or county’s long term financial viability. Businesses deciding where to locate a new plant, open an office, or relocate their headquarters also are likely to add unfunded public pension & retiree health liabilities to their checklist of selection criteria.

Help Yourself for Sentencing

Provided by: PCR Consultants
A defendant's actions before, during and after sentencing can have a significant impact on his or her future. The Supreme Court Highlighted this issue in Pepper v. United States (No. 09-6822).

Economic Factors Important in Noncompete Agreement Litigation

Provided by: Don Coker
The author, renowned nationwide banking and financial expert witness for plaintiffs and defendants in over 500 cases, Don Coker, discusses nationwide industry standard practices and procedures for noncompete agreements and how to establish economic damages.

Credit Union Litigation Issues Involving Nationwide Industry Standard Practices and Procedures

Provided by: Don Coker
The author, renowned nationwide banking expert witness Don Coker, explains several common areas of credit union litigation.

Credit Damages Fundamentals for Litigation

Provided by: Don Coker
Recognizing, establishing and effectively demonstrating Credit Damages in litigation requires a comparative view of the damaged person’s or entity’s situation before and after the proximate cause, and a present value calculation to yield a current damages figure that incorporates estimated future damages, as explained by renowned nationwide banking and economic expert witness Don Coker.

Financial Fraud & Embezzlement Investigations & Prevention in Businesses, Divorces, Estates, Trusts & Probate

Provided by: Don Coker
The author, renowned nationwide banking expert witness Don Coker, discusses financial fraud and embezzlement committed by employees as well as financial fraud and embezzlement in divorce, partnerships, estates, trusts, probate, and bankruptcy situations; and nationwide industry standard practices and procedures for avoiding many of these problems.

New ERISA Fiduciary Requirements for Expense Disclosure

Self-directed retirement programs, in the form of 401(k) and other individual account balance plans, now fund retirement income security for 72 million Americans, according to the Employee Benefits Security Administration (EBSA) within the U.S. Department of Labor (DOL). An estimated 483,000 participant-directed individual account plans hold almost $3 trillion in assets. Most, but not all individual account balance plans are self-directed by the participants.

Owning a Horse is a Huge Financial Investment: Get a Pre-purchase Exam Before You Buy!

You’ve decided to buy a horse and you have now located the horse of your dreams. There are a lot of emotions involved. Try very hard to put your emotions aside so you can make a sound financial and economic investment. Rarely do horses come with a money-back guarantee.

Trees and Litigation: Does the Tree Accident Merit for Defendant and Plaintiff Lawsuits?

Based on experience working with plaintiff and defendant cases, this article focuses on trees in the urban landscape and provides information that may prove useful for attorneys to consider in tree related cases.

Reactive Airways Dysfunction Syndrome (RADS) & Irritant Induced Asthma (IIA)

RADS is referred to as New Onset Asthma. It is only seen in persons who never before had asthma. RADS is caused by inhalation of a very heavy dose of an irritating substance. RADS is not caused by allergy. RADS symptoms appear suddenly; within 24 hours of the irritant inhalation. RADS is basically a subtype of irritant induced asthma (IIA).

The Selection of a Physician Assistant Expert Witness

When an attorney is in need of an expert witness physician assistant early retention and involvement of the expert can provide additional assistance to the attorney. This article reviews areas to consider when evaluating a potential physician assistant expert as well as a brief overview of the profession. It should be very valuable to the attorney who has not needed the expertise of a PA in a prior case.

The Employee Retirement Income Security Act (ERISA) and Bankruptcies

The bankruptcy of a corporation that sponsors an ERISA governed pension or health plan triggers a series of actions intended to protect the benefits of plan participants if at all possible. This article identifies the different types of bankruptcy filings, the role of the Pension Benefits Guaranty Corporation (PBGC), and options available to participants and beneficiaries.

Steps to Take before Proceeding on Legal Actions on Water Damage/Mold Exposure

From a medical expert witness' perspective, I believe certain preliminary steps a law firm should consider undertaking before taking on a client who claims to have suffered illnesses from water damage/mold exposure. This is not intended to offer any legal advice but suggestions which may help you to decide whether the case may be valid or not. Obviously the ultimate decision can only be made by your medical expert. Remember that not everyone who is exposed to water damage or molds gets ill.

Screening Questions You Should Ask When Buying a Horse

There are some very important preliminary questions you should always ask when buying a horse.

Construction Expert Witness Practice Overview

This article offers an introduction to construction expert witness practice from our perspective. It includes some insights into: our capabilities; what a prospective client should seek from a construction expert; how to minimize the risk of being involved in a dispute, and some resources that may help the interested parties.

Legal and Psychological Effects of Workplace Harassment

As firefighters, we thrive on action. We are problem solvers, priding ourselves on working through problems and issues, particularly when called to assist complete strangers, regardless of the hour. We jump on our rigs and arrive at incidents to provide the highest level of service and professionalism to our community. Our question is: Do we provide this high level of service and professionalism to each other?

Catastrophic Economic Damages Valuation Methodology Issues in Insurance Claims and Litigation

Provided by: Don Coker
How to recognize, establish and effectively demonstrate the various elements of Catastrophic Economic Damages for litigation is explained by renowned nationwide banking and economic expert witness Don Coker.

Evidence Collection for Wildlife Damage Related Cases

Tips for collecting evidence related to wildlife damage management problems and cases.

Time Required to Obtain a Facility Security Clearance (FCL)

Various factors affect the amount of time it takes a company or organization to obtain a facility security clearance (FCL) . Taking these factors into consideration can enable a company to reduce or minimize the amount of time required for it to obtain a U.S. facility security clearance.

Anaphylaxis, Potentially Deadly if Not Treated Properly and Promptly

Anaphylaxis comes on very suddenly and death may be the consequence if it is not recognized or treated promptly. The most effective medication to treat it is epinephrine and not , as often erroneously believed, antihistamine. People with this problem should wear a MediAlert ID to signal this condition to emergency medical personnel since just minutes of delay may mean the difference of life or death.

Introduction to Voluntary Employees’ Benefit Associations (VEBA)

A voluntary employees’ beneficiary association is a type of trust fund formed to provide members and their beneficiaries with a specified set of employee benefits. Life, health, accident, and medical (including retiree medical) coverage are the most common benefits provided through a VEBA.

Are New Jersey’s Efforts at Curbing Attorney Mail Solicitations Missing the Real Issues?

New Jersey legislators are considering statutes that would require attorneys to wait 30 days before contacting defendants or victims of accidents. The proposed bills raise questions as to how law firms might effectively market themselves while still remaining true to all ethical guidelines.

Foreign Ownership, Control or Influence (FOCI) and U.S. Facility Security Clearances

Foreign Ownership, Control, or Influence (FOCI) affects an organization’s ability to obtain and maintain a facility security clearance in a number of ways. Whether an organization is applying for a Confidential, Secret, or Top Secret facility security clearance, FOCI is always assessed by the U.S. government.

Seven Biggest Retirement Mistakes

Provided by: Fulcrum Inquiry
As with most things in life, a few mistakes can dominate the final results achieved. We identify and explain the most expensive common retirement financial mistakes.

Addressing Electronic Database Discovery – Challenging yet Rewarding

Provided by: Fulcrum Inquiry
It is naïve to think that any complex commercial case can be run competently without involving data bases used by your client and/or your opposing party. This short article provides the initial information needed to get you started on the correct course.

Seven Questions Every CIO Should Be Able to Answer about eDiscovery and Legal Holds

eDiscovery & Legal Holds are increasingly showing up on the radars of CIO's and IT Managers. Since the new Federal Rules of Civil Procedure (FRCP) came about, internal legal counsel and IT departments have had to start a new dialogue as to what responsibilities, and capabilities an organization has in regards to preserving data required for legal discovery. Even more challenging are the tasks IT staff are being asked to perform in terms of actually doing the electronic preservation.

Wildlife Damage Management - An Introduction

Many lawyers are familiar with liability issues related to pest control companies. However, most don't know about a sister field called wildlife damage management. Wildlife damage management has significant liability issues as well but is not as familiar or understood by the public. This article details some of the key differences.

European Volcanic Ash Cloud Economic Damages Factors that Are Important in Damages Calculations and Litigation

Provided by: Don Coker
How to recognize, establish and effectively demonstrate Economic Damages in litigation over the Eyjafjallajökull European Volcanic Ash Cloud airline disruptions is explained by renowned Banking and Economic Damages Expert Witness Consultant Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina..

Keep Records of Your Horses Show Records

Show records provide proof that your horse can do what you say it can do, it can indicate proof of soundness, it can help you substantiate an increase in value for insurance purposes, and it can help you establish equity in your horse.

Defending Electronic Funds Transfers Act Missing ATM Sticker Litigation

Provided by: Don Coker
Renowned nationwide banking expert witness Don Coker explains some important issues that impact Electronic Funds Transfer Act litigation over missing ATM stickers or decals.

Economic Damages Factors from the BP Deepwater Horizon Explosion and Oil Discharge into the Gulf of Mexico

Provided by: Don Coker
How to establish and effectively demonstrate for litigation the various elements of Economic Damages that resulted from the BP Deepwater Horizon Explosion & Oil Discharge is explained by renowned nationwide Banking & Economic Damages Expert Witness Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina.

Economic Damages Fundamentals and Industry Standard Practices for Litigation

Provided by: Don Coker
How to recognize, establish and effectively demonstrate Economic Damages in litigation is explained by renowned nationwide banking and economic damages expert witness Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina.

Banking Industry Standards and Practices for Funds Wire Transfers by Fed Wire, CHIPS, SWIFT, ACH, and EFT

Provided by: Don Coker
The author, renowned nationwide banking expert witness Don Coker, provides an informed inside view on important and confusing issues that often arise in banking litigation and business litigation involving funds wire transfers by Fed Wire, CHIPS, SWIFT, Automated Clearing House transactions, and Electronic Funds Transfers, and how to handle them in litigation.

Selecting Discounts Rates for Personal Injury & Employment Damage Calculations

Provided by: Fulcrum Inquiry
When calculating damages covering future periods, the future amounts must be reduced to present value to account for the time value of money. In the majority of cases, economic damage calculations in personal injury, wrongful death, and employment cases use discount rates that are too low. Consequently, the calculated damages pertaining to future periods are too high.

Obama Commission Presents First Ideas on How to End the U.S. Government Financial Disaster

Provided by: Fulcrum Inquiry
In August 2010, we summarized an International Monetary Fund (IMF) report that concluded the U.S. is broke. Last week the Government Accountability Office (GAO) issued similar conclusions in its report on the Federal Government's Long-Term Fiscal Outlook.

Defending Foreclosure Class Action, Mortgage Loan Modification, and Attorneys General Lawsuits

Provided by: Don Coker
State Attorneys General and other entities have filed class-action lawsuits against many mortgage investors and mortgage servicers over alleged foreclosure errors, alleged missing documents, alleged business practices that they do not like, mortgage loan modifications, and other matters. Renowned nationwide banking expert witness Don Coker explains some important issues that impact defending these class action lawsuits.

Retiree Medical Benefits and Obligations

As baby boomers prepare for retirement, many are planning on future medical benefits from their employers. Unfortunately, many retirees will be disappointed to learn that these benefits can be changed or terminated. Studies indicate the number of companies with 200 or more workers offering retiree health insurance fell from 66% in 1988 to 33% in 2005. This article explores several key provisions of retiree medical benefits and associated ERISA guidelines.

Proving a Case in Litigation Against Rating Agencies Standard & Poor’s, Moody’s, and Fitch

Provided by: Don Coker
The author, renowned nationwide banking and mortgage banking expert witness Don Coker, explains from a banker's and valuation professional's viewpoint how to analyze one of the major supporting issues that impacts Rating Agency Litigation involving mortgage-backed securities.

Personnel Policy Manuals - Time for Review?

Personnel Policy Manuals are an important tool in guiding on duty and off duty behavior of your employees. Most Personnel Policy Manuals have not been revised for many years and may contain material not appropriate for today's workforce and out of compliance with current laws.

Banking & Mortgage Litigation Involving Missing Loan File Documents and Foreclosure Errors

Provided by: Don Coker
A renowned nationwide mortgage banking expert witness explains that mistakes occur in banking, like all businesses. When a missing documentation or foreclosure error is found, it should be corrected as quickly and accurately as possible. Like other businesses, banks follow established industry standard procedures utilizing the universal economic principle of division of labor in correcting documentation problems, and follow up with a ratifying, authorizing signature on the foreclosure documents.

New Frontiers in Expert Testimony: Quantifying Risk in Commercial Litigation

The article will examine litigation arising from failed banks and the Gulf oil spill. These high profile cases involve catastrophes that are alleged to have been caused by risk management failures attributable to human error. The author will demonstrate how behavioral economics and a branch of study known as ‘decision making under risk and uncertainty’ is used to quantify human factor risks. The article was first published by the Institute of Continuing Legal Education on October 1, 2010.

Major Fire Loss Investigation - A Fire Analyst's Perspective

This article discusses the "ins" and "outs" of fire loss investigation for the insurance industry discussing major fire loss investigation procedures - applicable also to smaller fire loss examinations. A focus upon preservation of subrogation potential and recovery is its major theme. A guiding document, NFPA 921, Guide for Fire and Explosion Investigation is discussed, as are the proper procedures when investigating a major fire loss. The author is a seasoned veteran in the field.

Home Security Tips

While the author has maintained a burglar alarm system for many years, he does not rely on this system as his sole protection source. There are many other actions that can be used to protect your home. Burglars will normally by pass homes that appear more challenging to gain access. Most access is made through doors and windows during daylight hours.

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