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In Security for Bars, Taverns and Nightclubs, bars and taverns security expert witness Ralph Witherspoon, CPP, CSC, writes on Club Operation:

Management decides which type customers it will attract based on the club’s location, the atmosphere and music format it provides, plus its advertising. Promotions of “two-for-one” drinks, $ .75 “jello shots”, or large over-sized drinks, or promoting a three or four-hour long “happy hour”, also set a tone and attract specific types of patrons. That “tone” will often determine what type problems are likely to arise, and what type and level of security should be provided. Management can, at any time, change the “tone” by changing the music, adding or changing the amount of (any) door cover charge, increasing or relaxing its dress code, changing décor and lighting, changing or eliminating specials, increasing “visible” security, or taking other measures appropriate to their individual facility.

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Medical expert witness Dr. Marc Whaley testified in a Boston court hearing regarding the electric shock treatment of Andre McCollins in 2002. After 32 electric shocks, the 18 year old autistic boy was then left in a three day coma at the Canton, Massachusetts Judge Rotenberg Center. McCollins was permanently damaged by the treatments. Massachusetts Gov. Deval Patrick is considering legislation to ban shock treatments

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Biomechanics expert witness James Kent defines Forensic Kinesiology

Forensic Kinesiology is the application of human movement science either prior to or within the process of civil or criminal litigation. By applying the principles of normal and pathologic human performance analysis, which includes biomechanics, anatomy, physiology, pathology and clinical medicine, issues pertaining to liability, causation and damages may be objectively evaluated.

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In Product Experience or Expert Experience?, patents expert witness James G. Rice writes:

Because patent litigation is one of the more complex areas of litigation, the expert witness is susceptible to making a critical mistake, for example, during a deposition. From my own experience, it appears that patent litigation is the foremost area of litigation in which technical issues can be strongly interwoven with legal issues. This can lead to the situation during a deposition where what may appear on the surface to be a relatively straight forward technical question can have critical underlying legal implications. I recall being asked during a deposition if a particular element of a claim was a “method.” The wording of the claim was not entirely clear on this issue and a less experienced witness might have simply answered “yes” and thus inadvertently have testified in effect that the claim was invalid. Although the attorney the expert is working with during preparation for the deposition may be excellent, it is difficult, if not almost impossible, to anticipate all of the avenues the opposing attorney may take during the course of a deposition. This makes it all the more important that the expert have strong experience in patent litigation.

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Workers’ compensation plans expert witnesses may testify on insurance policies, compensation claims, compensation benefits, and affiliated issues. In the news this week, the Massachusetts state Senate is evaluating legislation that would increase the penalty for business owners who do not have workers’ compensation insurance. Sponsored by Senator Katherine Clark, S519 would increase the misdemeanor charge to a felony.

Read more: http://www.malegislature.gov/Bills/187/Senate/S00915.

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In Security for Bars, Taverns and Nightclubs, bars and taverns security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks

What are your risks (in dollars) for criminal or negligent acts by your employees or on your property? or, direct costs/loss for such acts? or, litigation costs? or, loss of reputation and customers?

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Software patents expert witnesses may provide reports regarding computer patents, design patents, international patents and associated matters. In the news, United Services Automobile Association has filed a lawsuit stating they did not infringe on Mobile Deposit(R) patents issued to Mitek Systems. Mitek says the USAA branchless banking product infringes on their mobile deposit application.

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In Security for Bars, Taverns and Nightclubs, night club security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks

Some establishments have a history of fights or violence. These taverns or clubs often cater to a younger, more risk prone crowd. Trendy nightclubs, especially on weekends, may have long lines of young persons eager to get into the current “hot spot.” Some bars and nightclubs located near colleges and universities attract young (and frequently underage) people, who then often engage in “binge drinking” or other risky behavior. The playing of pop music, especially by a live band or DJ (often involving a pounding beat), may also be a risk factor since it often creates an atmosphere of intense physical activity, sometimes even reckless abandon. A flashing strobe light show or similar “enhancements” may also heighten the atmosphere, and the risk!

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In Alcohol Impairment, Robson Forensic bar and nightclub experts write that when when alcohol is identified as a factor in an injury incident, it is often assumed to be the only cause. Bars and lounges expert witnesses determine if alcohol played a causative or contributing role. Elizabeth A. Trendowski has been working in the liquor and hospitality industry for over twenty years and as an expert she evaluates the actions of establishments serving alcohol and addresses the standards of care in issues of underage drinking.