Articles by Expert Witnesses

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.

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.

I have found several law firms use the so called shot gun effect when starting a litigation, blaming anyone and everyone hoping most will settle out of court. This practice has caused many large and small businesses to either close shop or have massive layoffs do to legal fees to defend these unethical actions. If these law firms were honest and really cared abut the "victims" of mesothelioma they would take much less commissions and leave more for the victims.

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

This is a blog entry that explains our position in the field of Stone, Marble, Tile. Consulting and dispute resolution.

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

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.

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

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. Expert Witness Don Coker explains 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, explained by Expert Witness Don Coker

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 is presented by experienced expert witness and valuation professional Don Coker.

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

Orthopaedic surgeons assist in medical/legal evaluations in several ways. Orthopaedic expert witnesses may evaluate claimants with musculoskeletal injuries in cases that require an objective unbiased physical examination and/or expert orthopaedic opinion for settlement, negotiations, or trial.

Since no studies are done to confirm natural hair that is sold to merchants or individuals are free and clear of controlled substance contamination, the consequences of placing donor’s hair within your own should be considered as a potential threat to your job or status within your family or community.

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.

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.

For a legitimate business or entity, it is important to have commercial software that is registered so that further complications do not arise from illegally downloaded or unlicensed software. The only time having unlicensed software may be exempt from business difficulties is if the company or owner has developed the application and is using it for this or her organization.

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.