Articles Posted in Researching Experts

In recent years, psychiatrists have been asked to consult on security clearance eligibility. In The Psychiatrist in the Security Clearance Process, psychiatry expert witness Brian Crowley, MD, DLFAPA, writes:

Psychiatrists are asked to participate in the security clearance process in either of two ways….

In the second scenario, a psychiatrist is asked to perform an independent psychiatric evaluation for an individual he has not met, addressing the issue of eligibility to obtain or to hold a security clearance. The evaluation may be requested either by a government agency or by an individual; in the latter case, he/she is usually represented by an attorney. Such an evaluation should be performed by a psychiatrist with considerable experience working at the interface of psychiatry and the law. While this is a forensic psychiatric procedure, in my view it does not require that the psychiatrist has taken a forensic fellowship – when I started working at the psychiatry/law interface there were no such fellowships – but it does take one who has deep knowledge and appreciation for how the law undergirds all psychiatric practice.

Hazardous waste expert witnesses may write reports and testify on hazardous waste sites, the Resource Conservation and Recovery Act (RCRA), and hazardous waste mapping. In the news, whistle-blower Donna Busche was fired from her position as manager of environmental and nuclear safety at the Hanford Nuclear Reservation waste treatment plant construction site. Hanford, located on the Columbia River in the state of Washington, ranks as the most polluted nuclear weapons production site in the US. The Columbia is the fourth largest river in the United States and drains into the Pacific. Hanford was a top secret project in the 1940s with the task of building the atomic bomb. Decades of plutonium production for US nuclear weapons have resulted in cleanup costs estimated at $2B/year. (Below is a Hanford exposure map,)

Ms. Busche worked for URS Corp., which is assisting in building a $12B plant to convert nuclear waste into glass but construction of the plant itself has been stopped due to safety concerns. Busche and others have filed complaints with the federal government over design and safety of the facility.

At http://www.whistleblowers.gov/, the US Department of Labor describes whistleblower protection programs.

On his blog, insurance claims expert witness and “Claims Coach” Kevin M. Quinley CPCU, AIC, ARM, RPA writes Risk Managers: Use These 8 Tips for Better Meetings with Underwriters.

The risk manager’s ability to procure insurance coverage and to do so on the best financial terns depends in large part on the discretion of the insurance underwriter. Underwriters are the insurance company gatekeepers. They decide whether or not to offer coverage terms and, if so, at what price.

Meet with Underwriter

In recent years, psychiatrists have been asked to consult in the security clearance process. In The Psychiatrist in the Security Clearance Process, psychiatry expert witness Brian Crowley, MD, DLFAPA, writes:

Psychiatrists are asked to participate in the security clearance process in either of two ways. First, treating psychiatrists are occasionally asked to give a professional opinion as to whether or not a patient, or former patient, is suitable for a security clearance. The doctor will receive a call or a fax from a federal investigator, usually asking to meet briefly with the doctor, and stating he has a release signed by the patient. Typically only one question is asked:

Does the person under investigation have a condition that could impair his or her judgment, reliability, or ability to properly safeguard classified national security information?

In Evaluting An Expert Witness For School Safety Cases, school safety expert witness Michael Dorn writes:

Questions to Ask a Potential Expert Witness for School Safety Cases

…Attorneys, judges and insurance professionals are typically already familiar with general questions that should be asked of an expert. Some specific questions that might help more accurately gauge an expert’s suitability for a school safety case before the expert is retained and sent documents to review include:

Mortgages expert witness Joffrey G. Long will moderate a special session on title insurance as part of the January 30-31 educational program presented by the California Mortgage Association in Universal City, CA. In Securing a mortgage expert witness: Types of real property lawsuits, Mr. Long writes:

There are many types of lawsuits involving loans secured by real property; they often fall into one of six general themes:

4) Loan servicing, default and modification issues: Cases involve what occurred after a loan was originated, including issues about application of payments; the processing, denial, or granting of loan modifications; and foreclosure.

What areas of internet technology may internet security expert witnesses consult on? These experts may write reports and testify concerning internet devices, smart appliances, computer security intrusions, hacking, and more. As more objects are becoming embedded with sensors and gain the ability to communicate, malicious e-mails have now been sent by internet connected appliances including wireless speakers, televisions and at least one refrigerator. Guardian Liberty Voice reports that a smart refrigerator was among the more than 100,000 appliances and devices used by hackers to send out spam emails.

McKinsey and Company writes on smart appliances:

When objects can both sense the environment and communicate, they become tools for understanding complexity and responding to it swiftly. What’s revolutionary in all this is that these physical information systems are now beginning to be deployed, and some of them even work largely without human intervention.

Mortgages expert witness Joffrey G. Long will moderate a special session on title insurance as part of the January 30-31 educational program presented by the California Mortgage Association in Universal City, CA. In Securing a mortgage expert witness: Types of real property lawsuits, Mr. Long writes:

There are many types of lawsuits involving loans secured by real property; they often fall into one of six general themes:

2) The commercial loan gone bad: In this case, again often involving loans originated in 2007 or before, (and with a surprising percentage originated in either 2006 or 2007) a commercial property owner or developer has obtained a loan, or often a series of loans from a commercial institution or private money lender.

Environmental forensics expert witnesses may consult on environmental health and safety, soil/groundwater investigations, above ground and underground storage sites, and associated matters. In the news, hundreds of thousands of West Virginia residents have been without tap water since Thursday after a chemical leak contaminated their water supply. On Friday the West Virginia Department of Environmental Protection’s Division of Water and Waste Management issued a Cease Operations Order to Freedom Industries, Inc. and is now requiring the company to remove the contents in the 11 remaining above-ground storage tanks at its Etowah Terminal in Charleston. The chemical MCHM leaked from tanks and entered the Elk River on Thursday and then a water treatment facility. The West Virginia Department of Environmental Protection reports:

According to the order issued Friday night, Freedom Industries must begin, within 24 hours, removing all material from all above-ground storage tanks and store the material in an off-site area which provides adequate secondary containment.

Also within 24 hours, Freedom Industries must submit for approval an appropriate plan of corrective action which at a minimum shall include, among other things, a detailed plan to appropriately implement a remediation of all contaminated soil and/or groundwater and a plan and schedule for the ultimate disposition of the products stored in these tanks.

Advertising expert witnesses may consult and testify on issues including comparative advertising, deceptive ads, consumer behavior, and false advertising. On 1/9/14, FTC.org reported:

The Federal Trade Commission announced today that nine auto dealers agreed to settle deceptive advertising charges, and the agency is taking action against a 10th dealer, in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles.

According to the complaints, the dealers made a variety of misrepresentations in print, Internet, and video advertisements that violated the FTC Act, falsely leading consumers to believe they could purchase vehicles for low prices, finance vehicles with low monthly payments, and/or make no upfront payment to lease vehicles. One dealer even misrepresented that consumers had won prizes they could collect at the dealership. The FTC website shows an ad with an advertised price that was after a $5,000 down payment, but that detail was only noted in fine print at the bottom of the ad.