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In Event Data Recorders: Proper Evidence Collection in Criminal, Insurance and Tort Liability Investigations, accident investigation expert witness Shawn Gyorke writes:

The mandatory terms of this type of legislation (preservation of physical evidence), which demands the preservation and production of all forensic evidence, can be reinforced by the explicit terms of a corresponding criminal code, wherein law enforcement can be found criminally culpable for failures in compliance. Under the Illinois statute, it is “unlawful for a law enforcement agency or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a) of Section 116” 3. A violation of this statute constitutes a Class 4 Felony for which an Illinois law enforcement official could be fined up to $25,000 and/or imprisoned for 1 to 3 years.

Many other states, including Alaska, Arkansas and South Carolina4, have similarly worded procedural codes requiring the preservation of all forensic evidence on serious crimes. However, the list of states with legislative requirements for the preservation of evidence expands to an overwhelming majority wherein specific biological or DNA evidence could be collected. While the scope of this additional legislation is not discussed within the confines of this article, it could be argued that only on the rarest of occasions, is blood or other biological material not deposited at the scene of a fatal traffic crash.

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Pesticide pollution expert witnesses may report on pesticide products, pesticide regulations, insecticides, and associated topics. In the news, pesticide application may pose a microbiological public health risk. The consumption of fresh produce is frequently associated with outbreaks of human norovirus (hNoV) disease. Data published in the International Journal of Food Microbiology documents that noroviruses are found in water sources used to reconstitute pesticides and that fresh produce may get contaminated with infectious norovirus by pesticide application.

Read more: http://www.sciencedirect.com/.

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Patentability requirements expert witnesses may consult on drug patents, patent prosecution, patent infringement, computer patents, design patents, and more. At BitLaw.com attorney Dan Tysver discusses what makes an invention patentable including the language in 35 U.S.C. 101.

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Mr. Tysver is a patent attorney focusing primarily on the areas of computer hardware and software, data storage, and consumer electronics.

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Jodi Arias’ defense expert witness Richard M. Samuels has testified that Arias suffers from post traumatic stress disorder and dissociative amnesia. Arias is on trial for the murder of her boyfriend Travis Alexander in 2008. Dr. Samuels, Ph.D., FACCS, ABPP, is a practicing clinical and forensic psychologist in Scottsdale, AZ. He testified that that the 2008 event was so traumatic for Arias that she cannot remember details.

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In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 2 of 10 Premium payment is the basis of which all other obligations follow. Paying premiums to an agent of an insurance company is ordinarily the same as paying the insurance company. Is the person for whom your client is buying the insurance an agent or a broker? This information is usually not on the proposal. An insurance buyer needs to be sure the premium is paid to the insurance company or the company’s authorized representative (i.e., Agent) and not to a broker, who is not an authorized representative of the insurance company. The cases of brokers taking premiums from their clients and not conveying the money to the insurance company is, unfortunately, more common than one might expect and for this reason, payment to the insurance company is preferred.

Lesson #2: Your client (the Insurance buyer) knows they have purchased insurance if they have paid for it – so the buyer needs to make sure the premiums are paid to the insurance company.

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According to the Grand Lake News, accident reconstruction expert witness Stan Andrews testified in the criminal case against Roger Shane Carroll. Mr. Andrews testified for the state of Oklahoma that Carroll was the driver in a boating accident that killed 39 year old Monte Price. Excessive speed and alcohol use were involved in the fatal crash. Mr. Andrews leads the accident reconstruction team at the The Engineering Institute in Farmington, AR.

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Forensic toxicology expert witness Dr. Connie Luckie testified Friday in the Hampton, VA, case against Jesse Evans Jr. Evans is charged with killing two university students and injurying three others in a wrong way head on collision. Dr. Luckie testified that Evans’ his blood alcohol level was 0.26, which would have taken 10 to 12 beers within an hour. Alcohol as found in both vehicles. Dr. Luckie is a forensic scientist for the state of Virginia.

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International patents expert witnesses may opine on international patents and licensing, drug patents, patent prosecution, and patent infringement. The USPTO describes the Leahy-Smith America Invents Act (effective 3/16/13):

“Migration to a first-inventor-to-file system will bring greater transparency, objectivity, predictability, and simplicity to patentability determinations and is another step towards harmonizing U.S. patent law with that of other industrialized countries,” said Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea.

Prior to the passage of the AIA, the USPTO was the only national patent office using a “first-to-invent” system. First-inventor-to-file complements USPTO’s existing efforts toward greater harmonization with foreign counterparts. One result of these efforts is the Cooperative Patent Classification system launched on January 1st of this year, a common classification system that will enhance the examination capabilities of both the USPTO and the European Patent Office. Another such effort is USPTO’s ongoing coordination with the world’s largest patent offices–the so-called Tegernsee Group dialogues. The USPTO currently is seeking comment on these initiatives.

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Pesticides expert witnesses may provide reports concerning pesticide regulations, fungicides, herbicides, insecticides, and related matters. San Francisco Magistrate Judge Joseph C. Spero heard arguments Friday regarding dismissal of The Center for Biological Diversity and Pesticide Action Network North America case against the EPA. The Center charges the EPA with failing to assess the impacts of hundreds of pesticides known to be harmful to more than 200 endangered and threatened species.

The lawsuit seeks protection from harmful pesticides for 212 endangered and threatened species throughout the United States, including Florida panthers, California condors, piping plovers, black-footed ferrets, arroyo toads, Indiana bats, bonytail chubs and Alabama sturgeon. Documents from the U.S. Fish and Wildlife Service and EPA, as well as peer-reviewed scientific studies, show that these species can be harmed by the more than 300 pesticides at issue.

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License agreement expert witnesses may consult on patent infringement, patentability requirements, license agreement terms and associated matters. Michelle L. Briggs and Charles Krukiel discuss technology license agreements including license grants, license term, and rights to improvements in an article for the Association of Corporate Counsel. They caution that every technology license agreement is unique. “There is really no such thing as a ‘standard’ clause.”

Read more: http://www.lexology.com/library/.