Articles Posted in Expert Witness News

As a marketing expert witness, Larry Londre’s website shares this from Ray Kroc: “Luck is a dividend of sweat. The more you sweat, the luckier you get.” Londre states “Success is staying ahead of the competition. In the global economy it is essential to have greater agility, better marketing, promotion and media savvy, plus the ability to innovate in the marketplace.” Londre says marketing may include the following:

-Marketing (Strategic & Tactical Planning)

-Advertising Agency Alliances -Collateral Materials and Sales Promotion -Direct Market Analysis / Identification / Targeting -Entertainment Marketing -Non-Profits / Public Service -Intellectual Property -Products & Services -Marketing Research -Branding and Advertising -Communication & Media, including Internet -Direct Marketing and Direct Mail -Events & Trade Shows -Integrated Marketing Communications (IMC)

Copyrights expert witnesses will want to take note of what copyright scholars and advocates had to say at the Tech Policy Summit in Hollywood. The Summit “demonstrated that while copyright must function in a converged world, opinions on how it should function are as divergent as ever.” The panel consisted of Patrick Ross (Executive Director, Copyright Alliance), Fred von Lohmann (Senior Staff Attorney, EFF), Matt Zinn (VP and general counsel, TiVo), and moderator Doug Lichtman of UCLA Law School. ZDnet also writes:

The primary bone of contention was the extent to which copyright law does and should leave room for permissionless innovation. Matt Zinn and Fred von Lohmann discussed the benefits of such a system. Zinn said, “Fortunately, the Constitution got it right. Copyrights are not absolute rights. TiVo did not have to go to the rightsholders for permission [to build a product that allows flexible use of lawfully acquired copyrighted content]. If they’d had to, there’d be no DVR. With no DVR, there’d be no VOD.”

Electrical expert witnesses may soon be called to opine on whether cellular phones are safe. According to a new study headed by two Swedes, Professor Lennart Hardell of the University Hospital in Orebro and Professor Kjell Hansson Mild of Umea University, using a mobile phone for more than 10 years increases the risk of getting brain cancer. The scientists based their conclusions on 11 studies that investigated the occurrence of tumors in people who have used phones for more than a decade in the United States, Sweden, Denmark, Finland, Japan, Germany, and Britain. They found almost all studies had discovered an increased risk, especially on the side of the head where people listened to their handsets. The study also found that people who have had the phones for a decade or more are twice as likely to get a malignant tumour on the side of the brain where they hold the handset. Belfast Telegraph writes:

The scientists who conducted the research say using a mobile for just an hour every working day during that period is enough to increase the risk – and that the international standard used to protect users from the radiation emitted is “not safe” and “needs to be revised”. They conclude that “caution is needed in the use of mobile phones” and believe children, who are especially vulnerable, should be discouraged from using them at all.

How can a home inspection expert witness help your client? The #3 problem that comes up in home inspections is roof damage. Ranked third, leaking roofs are a frequent problem. Home inspections expert witnesses can report and testify on old or damaged shingles or improper flashing and drainage. Home inspection expert witnesses can also testify on the 4th most common home inspection problem, heating systems. These expert witnesses can opine on broken or malfunctioning controls, blocked chimneys, and unsafe exhaust disposal.

Compensation litigation may involve disputes regarding base salary, short-term incentives, long-term incentives, employee benefits and prerequisites. When employers get themselves in trouble regarding these compensation issues, violations of the federal Fair Labor Standards Act are common and may result in legal action. A compensation expert witness can help. Attorneys representing clients with cases concerning base compensation, executive compensation, position analysis and evaluation, variable and incentive compensation, performance management, and sales compensation will benefit from the assistance of an expert witness. Employers facing lawsuits involving commissions and overtime pay will also profit from the reports and expert witness testimony a compensation expert witness can provide.

How can a home inspection expert witness help your client? The number one problem that comes up in home inspections is improper surface grading and drainage. This causes the most common household aggravations including water penetration into a basement or crawlspace. Home inspections expert witnesses can report and testify on water intrusion causes using data from sophisticated moisture detection equipment. These expert witnesses can opine on the effect of water damage on contents and and the cost of restoration. Home inspection expert witnesses can also testify on the second most common home inspection problem, improper electrical wiring. They can testify on insufficient electrical service, inadequate overload protection, and amateur (often dangerous) wiring connections.

The FBI is the leading agency investigating corporate fraud and has focused its efforts on cases which involve accounting schemes, self-dealing by corporate executives and obstruction of justice. The majority of corporate fraud cases pursued by the FBI involve accounting schemes designed to deceive investors, auditors and analysts about the true financial condition of a corporation. The FBI has worked with the Public Company Accounting Oversight Board, the American Institute of Certified Public Accountants and the North American Securities Administrator’s Association, Inc. These organizations have referred fraud investigation expert witnesses and other technical assistance regarding accounting and securities issues. In addition, the Financial Crimes Enforcement Network (FinCEN) and Dunn & Bradstreet have been able to provide significant background information on subject individuals or subject companies in an investigation.

Corporate fraud remains the highest priority of the Financial Crimes Section and the FBI is committed to dealing with the significant crime problem. As of the end of Fiscal Year (FY) 2006, 490 Corporate Fraud cases are being pursued by FBI field offices throughout the U.S., 19 of which involve losses to public investors that individually exceed $1 billion.

Don Boyken, chief executive of Boyken International, a consulting and building project management company, says look for a commercial real estate crisis to follow the residential real estate slump. “We have found that when the residential market moves, the commercial market moves 12 to 18 months later,” says Boyken.”When the economy goes down, commercial litigation increases,” he says. Representatives of his company often are called as commercial real estate expert witnesses, so they have a first-hand sense of how much litigation is going on. DailyReport also writes:

“In a good economy, owners [of projects] and contractors want to move on to the next project, so they come to a settlement” when there is a dispute, Boyken says. “When things turn down, contractors go after every dollar that’s out there.” Positions become more entrenched because there is no next project to move on to, he says, and more suits get filed. Most commonly, contractors sue owners or developers and trades people sue the contractors to get paid. Litigators who specialize in the construction industry will see “the start of a wave of business headed toward them,” Boyken predicted.

In Defending Lead-Containing Toy Lawsuits, Ryan L. Nilson and Michael R. Carey explore ways to challenge plaintiffs’ lead poisoning expert witnesses in lead toy exposure litigation. They write:

Among United States toy manufacturers, lead content is regulated by the Consumer Product Safety Commission (CPSC). CPSC regulations apply to everything from metal alloys used in toy jewelry to the paint that covers the toys themselves. But CPSC regulations do not apply to the manufacture of toys abroad. Nevertheless, domestic distributors and retailers remain liable under state product liability laws for the harmful effect of foreign-made products that they place into the stream of commerce.

Evidence of Exposures is Not Proof of Causation

Steve Rosen, American Israel Public Affairs Committee former foreign policy chief, and Keith Weissman, its former Iran analyst, face charges that they traded in secrets. Carl Ford, the State Department’s top intelligence official from 2001 to 2003 will serve as a foreign policy expert witness for the defense. PittChron.com also reports:

The heart of the 2005 indictment is a sting operation conducted a year earlier in which a government agent told the defendants that he had information that could prevent the imminent killing of Israelis. Rosen and Weissman relayed the information – which turned out to be a fiction – to journalists and Israeli diplomats…

Ford’s leadership coincides with much of the timeline cited in the indictment against Rosen and Weissman. He would have been privy to much of the specific information they allegedly received.