December 31, 2011

Medical Expert Witnesses

In What's the difference? Making sense of titles for doctors, nutritionists, theRepublic.com writes:

Finding the right medical expert can be one of the most frustrating aspects of health care. Osteopathic physicians are medical doctors (M.D.s), for example, but not all M.D.s are osteopathic physicians. Meanwhile, all dietitians are nutritionists, but not all nutritionists are dietitians. Huh?

To help break this down, here’s an overview of the distinctions between four commonly used — and misunderstood — health care titles.

Read more: therepublic.com.

December 30, 2011

Worker's Compensation Plans Expert Witnesses

Worker's compensation plans expert witnesses may consult on wage-loss benefits, medical and career rehabilitation benefits, and benefits to dependents. A starting point for research into state specific links regarding worker's compensation insurance may be found at the International Risk Management Institute, Inc. site: Workers Compensation Assigned Risk Plans and Pools.

December 29, 2011

Insurance Expert On NC Auto Insurance

While the North Carolina legislature will be studying the state's auto insurance system in 2012, insurance expert and Chair of the Department of Finance, Banking and Insurance Department at Appalachian State University David Marlet says "I don't think you have a clear consensus among the industry that they (General Assembly) want change."

Read more: financeappstate.ecu.

December 28, 2011

Expert Witness Hearings In Utah Death Row Case

Douglas Lovell's attorneys requested that hearings relating to expert witnesses be held behind closed doors without prosecutors. Lovell is on death row for the death of Joyce Yost in 1985. His defense attorney argued in Utah 2nd Judicial District that including prosecutors would give the state insight into the defense strategy.

Read more: scholar.google.com.

December 27, 2011

Deluge Of Legal Blogs?

In Watch Out: A Deluge of Legal Blogs is Approaching, Robert Ambrogi writes:

Better start building that ark, because a deluge of new blogs will soon flood the legal profession. At least, that seems to be the conclusion of a just-released survey of social media in the legal sector conducted by LexisNexis and Vizibility.

Robert Amgrogi is a Massachusetts lawyer, writer and media consultant. He is author of the book, The Essential Guide to the Best (and Worst) Legal Sites on the Web. He also writes the blog Media Law and cohosts the legal affairs podcast Lawyer2Lawyer.

Read more: lawsitesblog.com.

December 26, 2011

Human Factors Engineering Expert On Workplace Injuries

In Workplace Accidents, human factors engineering expert witness Kenneth Nemire writes:

Injuries in the workplace may occur because of one or more factors:

• Environmental factors may include:
• Poorly designed equipment, procedures, jobs, environment
• Instrument panel layout that results in performance errors
• Inadequate illumination to support work performance
• Absent or inadequate machine guarding
• Failure to warn of hazards


Read more: http://www.jurispro.com/KennethNemire.

December 25, 2011

Media Analysis Expert Witnesses

Media analysis expert witnesses may consult on media analysis of newspapers, TV, magazines, and books. In The Tablet Revolution: What It Means for News The Pew Charitable Trusts writes that:

Eighteen months after the introduction of the iPad, 11% of U.S. adults now own a tablet computer of some kind. About half (53%) get news on their tablet every day, and they read long articles as well as get headlines.

Drawing on knowledge gathered through frequent public opinion surveys and in-depth analysis of American media content, the Pew Research Center staff write and publish research on the major news events and trends.

December 23, 2011

Insurance Coverage Expert Witnesses

Insurance coverage expert witnesses may opine on property insurance, insurance companies, and insurance policies as well as related matters. In Trial of the Coverage Case (Part 1), attorney R. Brent Cooper, Cooper & Scully, P.C., writes:

The trial of an insurance coverage case is one of the more challenging tasks that an insured or an insurer will face. By its nature, the topics involved in the trial are not the most interesting. In fact, some would say that coverage—and particularly a coverage trial—is one of the more boring exercises a person can undertake. In addition, while boring, coverage can also be extremely complicated.

Read more: irmi.com.

December 23, 2011

Compensation Expert Witness On Bank Executive Compensation Part 2

Compensation expert witness Dr. Sanjai Bhagat presented his paper Bank Executive Compensation And Capital Requirements Reform this month to the Board of Governors of the Federal Reserve System, Washington DC.

Abstract, Part 2

We recommend the following compensation structure for senior bank executives: Executive incentive compensation should only consist of restricted stock and restricted stock options – restricted in the sense that the executive cannot sell the shares or exercise the options for two to four years after their last day in office.

The above equity based incentive programs lose their effectiveness in motivating managers to enhance shareholder value as a bank’s equity value approaches zero (as they did for the too-big-to-fail banks in 2008). Hence, for equity based incentive structures to be effective, banks should be financed with considerable more equity than they are being financed currently.


Read more: http://leeds-faculty.colorado.edu/.

December 23, 2011

Commercial Liability Policies Expert Witnesses

Commercial liability policies expert witnesses may consult on insurance policies, third party insurance claims, and associated matters. In Will Your Commercial General Liability Policy Cover I. P. Litigation?, attorneys at Shimokaji & Associates, P.C, write:

Part 1 of this article addressed whether your Commercial General Liability (CGL) policy provided coverage for “advertising injury” resulting from patent infringement and trademark infringement. Part 2 explores the possibility of coverage for trade dress infringement, copyright infringement, and trade secret theft.

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

December 23, 2011

Construction Expert On Home Inspectors

At Daily Herald.com , Barry Stone writes:

Q. I am a court-certified expert witness in construction defect lawsuits. Many of the cases I see involve home inspectors who fail to disclose defects. One inspector confided that an inspection report with “too many problems” might “kill” the sale, and then the agent would stop recommending him to buyers.

December 23, 2011

Indemnity Expert Witness On Duty To Defend Part 7

In The Insurer’s Duty to Defend: A Quick Analysis, attorney and indemnity expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.

In making the determination of a duty to defend, the truth or falsity of the allegations in the pleadings are not a factor.

Likewise, what the parties know or believe to be the true facts is not a factor to be considered.

The duty to defend analysis focuses on the factual allegations in the pleadings rather than on the legal theories alleged in the pleadings. For example, a mere recitation that the insured was negligent is not determinative of negligence. The focus must be on facts supporting such a contention.

Read more: insuranceexpertnetwork.com.

December 23, 2011

Insurance Fraud Expert Witnesses Part 3

Insurance fraud expert witnesses may consult on the insurance industry, health insurance, disability insurance, and affiliated matters. On December 14, 2011, the Illinois Department of Insurance issued this press release:

The Illinois Department of Insurance Uncovers Company Selling Fraudulent Health Insurance - Department Offers Advice on How to Avoid Scam Insurance Plans

The Department also offers advice on dealing with offers of health insurance:

• Ask questions. Find out exactly what coverage is being offered and why. Ask for written information regarding what health care providers are included in the network and make sure your doctor, hospital, or pharmacy is included. Call your provider to make sure they are participating in the plan being offered
• Be wary of unsolicited inquiries or offers. Health insurance may only be sold in Illinois by a licensed insurance agent. Call the Department toll-free at (877) 527-9431 or visit http://insurance.illinois.gov/Producer to determine if the salesperson offering you insurance is licensed. Avoid dealing with a salesperson if he or she seems evasive, ill-informed, or if they are reluctant to send you detailed information about the insurance plan or insurance company until after you sign up.


Read more: illinois.gov.

December 23, 2011

Media Formats Expert Witnesses

Media formats expert witnesses may consult on newspapers, TV, magazines, and books. The Communications Consortium Media Center reports that Vocus, a provider of on-demand software for public relations management, has released the State of the Media Report 2011. The report covers the four traditional media segments including newspapers, magazines, television and radio, and finds that the media industry has revived in the last 12 months and it continues to experiment with new digital and mobile distribution models.

Read more: ccmc.org.

December 23, 2011

Entertainment Expert Witnesses & SOPA

Entertainment expert witnesses may consult on movies television, and correlated matters. In an effort to strengthen copyright enforcement online, The U.S. House of Representatives has been debating H.R.3261, The Stop Online Piracy Act but the congressional vote has been delayed until 2012. The legislation seeks to curb overseas Internet sites that sell pirated copies of movies, television shows and other creative content.

Read more: thomas.loc.gov.

December 22, 2011

Insurance Fraud Expert Witnesses Part 4

Insurance fraud expert witnesses may consult on the insurance industry, health insurance, disability insurance, and affiliated matters. On December 14, 2011, the Illinois Department of Insurance issued this press release:

The Illinois Department of Insurance Uncovers Company Selling Fraudulent Health Insurance - Department Offers Advice on How to Avoid Scam Insurance Plans

The Department also offers advice on dealing with offers of health insurance:

• Protect against possible insurance fraud or identity theft. As always, you should take steps to protect yourself against possible insurance fraud or identity theft. Never give out personal information – including insurance-related documents, credit cards, checking or other bank account information – over the phone or internet, by email, mail, or fax unless you know the person you are dealing with.


Read more: illinois.gov.

December 22, 2011

Liability Policies Expert Witnesses Part 6

In The Insurer’s Duty to Defend: A Quick Analysis, attorney and insurance expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.

A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.

If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.

Generally, facts outside of the pleadings (extrinsic evidence) are not deemed material to the court’s determination. This is the case even if such facts can be easily ascertained.


Read more: insuranceexpertnetwork.com.

December 22, 2011

Music Expert Witnesses

Music expert witnesses may consult on musical recordings, the music industry, the recording industry, and more. In the news, Jana Fallin, professor of music education at Kansas State, writes on music of the season. "Hearing Christmas music before December is becoming more common and there may be a deeper meaning behind this trend."

Read more: physorg.com.

December 22, 2011

Mortgages Expert Witness On Credit Bids Part 6

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

Also critical, any manner in which you instruct the trustee to bid on your behalf could
Be challenged by your investors. You should have provisions in your loan servicing agreement that cover this, or obtain their later authorization to proceed. Even with prior authorization, they should be informed in writing as to the manner in which the bidding will proceed.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

December 22, 2011

Television Expert Witness Testifies In LA Dodgers Case

Television expert witness Edwin Desser, president of Desser Sports Media Inc., testified this month on behalf of Fox Sports in the Los Angeles Dodgers bankruptcy case. The former senior executive in the NBA Commissioner's Office for 23 years said that the Dodgers are worth about $100M a year. U.S. District Judge Leonard Stark is presiding in the Delaware Bankruptcy Court case.

Read more: justia.com.

December 22, 2011

Compensation Expert Witness On Bank Executive Compensation Part 1

Compensation expert witness Dr. Sanjai Bhagat presented his paper Bank Executive Compensation And Capital Requirements Reform this month to the Board of Governors of the Federal Reserve System, Washington DC.

Abstract Part 2:
We study the executive compensation structure in the largest 14 U.S. financial institutions during 2000-2008. We focus on the CEO‘s buys and sells of their bank‘s stock, purchase of stock via option exercise, and their salary and bonus during 2000-2008. We consider the capital losses these CEOs incur due to the dramatic share price declines in 2008. We consider the shareholder returns for these 14 banks. Finally, we consider three measures of risk-taking by these banks: (a) the bank‘s Z-score, (b) the bank‘s asset write-downs, and (c) whether or not a bank borrows capital from various Fed bailout programs, and the amount of such capital.

Read more: http://leeds-faculty.colorado.edu/.

December 21, 2011

Insurance Fraud Expert Witnesses Part 2

Insurance fraud expert witnesses may consult on the insurance industry, health insurance, disability insurance, and affiliated matters. On December 14, 2011, the Illinois Department of Insurance issued this press release:

The Illinois Department of Insurance Uncovers Company Selling Fraudulent Health Insurance - Department Offers Advice on How to Avoid Scam Insurance Plans

The Department also offers advice on dealing with offers of health insurance:

• Ask if the insurance company is registered with the Department and if the Department has approved the plan. State law requires insurance companies to be licensed by the Department and prohibits a health insurance policy from being sold unless it has been approved by the Department. Call the Department toll-free at (877) 527-9431 to determine whether the insurance company offering the plan is licensed.
• Beware of misleading or exaggerated promises. Look out for phrases such as “Special offer,” “Limited enrollment,” “Guaranteed benefits,” or “Affordable health coverage.”


Read more: illinois.gov.

December 20, 2011

Media Expert Witness On Google Enhanced Service

Google Inc has announced it will hook up Kansas City, Kan., and then Kansas City, Mo., local computers to enhanced internet service. Media expert witness Larry Gerbrandt, an analyst for Media Valuation Partners and a former cable operator, says, “One market doesn’t change things. Even Google doesn’t have enough money to wire the country.” Media Valuation Partners MVP specializes in understanding how value is created and monetized in the media, entertainment, mobile and emerging technology sectors.

December 19, 2011

Construction Expert Witness On How To Advertise Part 2

In Experts - How do you Advertise?, construction expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

The next topic was print advertising such as post cards, newsletters, ads in law journals and alike. To my surprise the vast majority of experts did not participate in this type of advertising. The main reasons given for this was cost and time. Many experts felt the return on their investment was too small. More importantly, they believed the time it took to compose the advertising, create artwork, label and mail advertising was simply too time-consuming. I for one participate in each and every form of advertising mentioned. A regular marketing plan to your target audience can pay huge dividends. Admittedly, I use and depend on a marketing professional for this purpose.

The discussion then turned into advertising your service. Many of the experts had a guarded view of advertising. The most common concern was how to answer questions by opposing counsel about expert advertising. I was reminded of a piece I read not long ago in which a professional in expert marketing - Rosalie Hamilton, the Expert's Expert on Marketing, http://www.expertcommunications.com/, said -

(Excerpt)
If you are concerned about how you will look when answering questions about marketing your expert services, remember that the attorney grilling you is probably listed in local, state, and national bar association publications; Martindale-Hubbell(c) attorney directory; local, state, and national legal magazines and newspapers; the Yellow Pages; and his child's athletic booster directory. As was the judge when he practiced law as an attorney!


William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation.

December 19, 2011

Health Insurance Expert Witnesses

Health insurance expert witnesses may opine on insurance policies, insurance claims, insurance carriers, and associated matters. In Why Employers Will Continue to Provide Health Insurance: The Impact of the Affordable Care Act (Policy Briefs/Timely Analysis of Health Policy Issues), Linda J. Blumberg, Matthew Buettgens, Judy Feder, and John Holahan of the Urban Institute write:

The Congressional Budget Office, the Rand Corporation, and the Urban Institute have estimated that the Affordable Care Act (ACA) will leave employer-sponsored coverage largely intact; in contrast, some economists and benefit consultants argue that the ACA encourages employers to drop coverage thereby making both their workers and their firms better off (a “win–win" situation). This brief's analysis shows that no such "win–win" situation exists and that employer-sponsored insurance will remain most workers' primary source of coverage. Analysis of three issues-the terms of the ACA, worker characteristics, and the fundamental economics of competitive markets-supports this conclusion.

Read more: urbanorg.com.

December 19, 2011

Hazard Identification Expert Witnesses Part 3

Hazard identification expert witnesses may write reports and opine on risk assessment, disaster risk management, as well as related issues. At its website, FEMA offers Hazus, a methodology for estimating potential losses from disasters.

As the number of Hazus users continues to increase, so do the types of uses. Increasingly, Hazus is being used by states and communities in support of risk assessments perform economic loss scenarios for certain natural hazards and rapid needs assessments during hurricane response. Other communities are using Hazus to increase hazard awareness. Successful uses of Hazus are profiled under Mitigation and Recovery and Preparedness and Response. Emergency managers have also found these map templates helpful to support rapid impact assessment and disaster response.

Read more: fema.gov.

December 18, 2011

Insurance Fraud Expert Witnesses Part 1

Insurance fraud expert witnesses may consult on the insurance industry, health insurance, disability insurance, and affiliated matters. On December 14, 2011, the Illinois Department of Insurance issued this press release:

The Illinois Department of Insurance Uncovers Company Selling Fraudulent Health Insurance - Department Offers Advice on How to Avoid Scam Insurance Plans


The Illinois Department of Insurance is alerting consumers that an unauthorized insurer operating under the name ReAssurance Health, Inc., ReAssurance Health Insurance, or ReAssurance Health Insurance Group (“ReAssurance”) has sold numerous fraudulent health insurance policies to consumers in Illinois, Indiana, Ohio, and Wisconsin. Consumers who have a policy issued by ReAssurance should immediately seek legitimate health insurance coverage.

Read more: illinois.gov.

December 18, 2011

Mortgages Expert Witness On Credit Bids Part 5

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

There’s another possible benefit in starting with a lower bid. Although unlikely in this market, a third party bidder could bid an amount that benefits you more than taking title to the property does. Prepare for this by carefully thinking through the amount at which you’re willing to allow a third party bidder to acquire the property.

A procedure for setting your credit bids might look like this:

1) Take the market value (Fn2) of the secured property and subtract any senior liens.

2) Determine the equity being transferred at the foreclosure auction.

3) Calculate 20% of the equity being transferred as a possible opening bid.

4) Instruct the trustee (in writing) as to your opening bid, increments in which you wish
the bid increased in the event there are other bidders, and your maximum credit bid.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

December 17, 2011

Professional Liability Insurance Expert Witnesses Part 8

Professional liability insurance expert witnesses may write reports and opine on professional indemnity insurance, errors & omissions insurance, and malpractice insurance, among other topics. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

Other Types of Small Business Liability Insurance

Self-employed individuals who own small businesses need to speak with professionals in the insurance industry and do their homework before purchasing any type of insurance concerning their businesses. All decisions need to be informed and fine print read so that the most extensive and cost effective coverage can be purchased.

As with purchasing anything, shop around between insurance providers, different insurance companies insurance plans, and get insurance quotes from a variety of agents. Different insurance companies have different price quotes that could make a huge difference in your balance sheet. Your small business will thrive and not suffer if you make the right decisions comparing prices.

Read more: everythingsmallbusiness.com.

December 17, 2011

Trucking Insurance Expert Witnesses

Trucking insurance expert witnesses may write reports and opine on motor truck cargo insurance, transportation operations insurance, truck liability insurance, and correlated matters. In 10 Ways to Reduce Your Trucking Insurance Premiums TruckersReport.com writes:

Regardless of how good your driving record is or the fact that you haven’t filed any insurance claims, about once per year you go through the never-ending cycle of seeing your trucking insurance premiums increase. While many of the reasons for insurance premium increases are out of your hands, there are some things you can do to improve the chances that your trucker insurance increases don’t outpace your ability to pay.

December 15, 2011

Insurance Coverage Expert Witnesses

In the mid-1960s President Johnson envisioned the Urban Institute, chartered in 1968 to provide "independent nonpartisan analysis of the problems facing America's cities and their residents." This month, insurance coverage experts at the Urban Institute write on Changes in Health Insurance Coverage in the Great Recession, 2007-2010, published by the Kaiser Commission on Medicaid and the Uninsured:

The number of uninsured nonelderly Americans reached over 49 million in 2010, an increase of nearly a million people since 2009. This increase continues a trend of rising uninsurance over the past decade. Among the nonelderly, rates of employer-sponsored coverage have declined from 2000 to 2010. While public coverage through Medicaid or the Children’s Health Insurance Program (CHIP) has filled in some of the gap in coverage, rising throughout the decade, it has not offset all of the loss in private coverage. As a result, both the number and share of the population without health coverage have grown since 2000.

Read more: kaisercommission.

December 15, 2011

Risk Management Expert On DOJ Study

Risk management expert Mike Prusinski, senior vice president of LifeLock, comments on the DOJ study warning the public to be more careful of Social Security numbers and debit cards being stolen: benningtonbanner.com.

December 14, 2011

Hazard Identification Expert Witnesses Part 2

Hazard identification expert witnesses may write reports and opine on risk assessment, disaster risk management, as well as related issues. At its website, FEMA offers Hazus, a methodology for estimating potential losses from disasters.

Hazus is used for mitigation and recovery as well as preparedness and response. Government planners, GIS specialists, and emergency managers use Hazus to determine losses and the most beneficial mitigation approaches to take to minimize them. Hazus can be used in the assessment step in the mitigation planning process, which is the foundation for a community's long-term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction, and repeated damage. Being ready will aid in recovery after a natural disaster.

Read more: fema.gov.

December 14, 2011

Insurance Policies Expert Witnesses

Insurance policies expert witnesses may opine on commercial liability policies, the insurance industry, commercial insurance, and associated issues. In California Appellate Court Upholds Trial Court’s Dismissal of a Coverage Claim for an Alleged Advertising Injury, Kimberly L. Buffington, Partner, Pillsbury Winthrop Shaw Pittman LLP, writes:

In Oglio Entertainment Group, Inc. v. Hartford Casualty Insurance Company, 200 Cal. App. 4th 573 (2011), the California Court of Appeal concluded that an entertainment company's insurance policy covering "personal and advertising injuries" did not cover a claim for trading on the celebrity and goodwill associated with a musician's name or using the musician's name as the domain name for a website selling similar music.

Read more from Ms. Buffington.

December 14, 2011

Marketing Expert Witness On Performance Part 6

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE:

V. CONCLUSIONS

A. $ sales quotas should be only one of the measures defining a distributor’s performance.

B. Additional measures of performance and capability can be of major assistance. They do not add significantly to the time and complexity of the program.

C. Ideally, measures of market potential should be included. Though potentially complex and time consuming, a knowledge of market potential and share will have a major positive impact to the principal’s distributor management programs.

D. Utilize information with your annual joint planning sessions with each distributor. Jointly define action plans. Follow-up. Page 4, table 5. Summary of qualitative and quantitative measures.

December 13, 2011

Agent Errors and Omissions Expert Witnesses

Agent errors and omissions expert witnesses may write reports and opine on professional liability, mismanagement, E&O and associated matters. Stateside Underwriting Agency offers this explanation of miscellaneous professional liability:

Miscellaneous professional liability sometimes, called errors and omissions (E&O) liability, results from errors or omissions that are committed during the course in the performance of professional services. Companies that perform professional services for others can make mistakes, overlook a critical piece of information, misstate a fact, be misunderstood, forget to do something, lose something, and be sued by their clients..

Read more: statesideunderwriting.com.

December 13, 2011

Media Expert Witnesses & Media Literacy

Media experts may consult on the media culture, media formats, media education, and related issues. On July 13, 2011, US Senate Bill 1354 -- Healthy Media for Youth Act was introduced and deals with media literacy. The Center For Media Literacy writes:

Media literacy, therefore, is about helping students become competent, critical and literate in all media forms so that they control the interpretation of what they see or hear rather than letting the interpretation control them.... Len Masterman, the acclaimed author of Teaching the Media, calls it "critical autonomy" or the ability to think for oneself.

Read more: medialit.org.

December 13, 2011

Mortgages Expert Witness On Credit Bids Part 4

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

How to proceed with your trustee’s sale:

In the case we referenced above, the total balance of all amounts due on the note was $575,000 and the property value was $500,000. You would open the bidding at $100,000. Instructions would then be issued to the trustee that should there be other bids at the sale, the trustee is to increase your credit bid in increments of $2,000, until either 1) the bidding reaches an amount acceptable to you or 2) you acquire the property. With no other bidders, the property reverts to you in exchange for your “giving up” only $100,000 or your debt. The other $475,000 has not been paid. Through this one simple maneuver, you’ve preserved the ability to pursue the collection of the remaining $475,000 of your debt from insurers, guarantors, or other parties to the transaction.

If there are other bidders, your bid is increased in increments of $2,000 until you receive an acceptable price or acquire the property. If other bidder(s) stop bidding and you acquire the property at a $325,000 credit bid, you’re still better off than with a full credit bid. You’ve now been “paid” only $325,000, leaving $250,000 ($575,000 less $325,000) that you can attempt to collect from others.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

December 12, 2011

Risk Managment Expert On Defining Success

In Defining Success in Risk Management Kathleen M. Beans, editor of the RMA Journal, and risk management expert writes:

Financial services leaders addressed two questions during an RMA chapter panel discussion this spring:

What do you mean by success at your enterprise and how does risk management contribute to that success?


Read more: insurancenews.net.

December 12, 2011

Insurance Class Action Expert Witnesses

Insurance class action expert witnesses may testify on insurance regulations, professional liability insurance, agent errors and omissions, the insurance industry, and correlated topics. In Insurance May Cover Class Action Costs for Merchants Who Recorded Customers’ Zip Codes, attorneys Robert L. Wallan and Kimberly L. Buffington write:

The California Supreme Court’s Pineda v. Williams-Sonoma has already spawned a wave of class action lawsuits, many of which may constitute covered losses under a business’s Directors and Officers (D&O) or Commercial General Liability (CGL) insurance policies.

Read more: Perspectives on Insurance Recovery Newsletter (Summer 2011).

December 12, 2011

Professional Liability Insurance Expert Witnesses Part 7

Professional liability insurance expert witnesses may write reports and opine on professional indemnity insurance, errors & omissions insurance, and malpractice insurance, among other topics. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

Other Types of Small Business Liability Insurance

Just as health insurance for small business is vital to the owner to protect the business entity, these types of insurances also work to protect the business against loss in the event of a third party claim. The type of business one owns will determine the type of insurance plans you will purchase.

Self-insured Retention can be negotiated in events where several policies are required. This means that the entity that is being insured will self-defend smaller claims as well as self-insure the smaller claims. This is a riskier type of insurance for insurers as well as the insured, but it can cut down on liability premiums.

Read more: everythingsmallbusiness.com.

December 12, 2011

Trucking Expert Witnesses & Driver Retention

Trucking expert witnesses may testify on hours of service, trucking accidents, and federal motor vehicle safety standards, as well as related issues. In Pillars of Driver Retention Truckinginfo.com author Marc Mayfield writes:

You can tie down your loads but you can't tie down your drivers. However, with a little forethought, you might be able to keep the good ones feeling secure.

In a loose adaptation from the book "In The Driver's Seat: Interstate Trucking, a Journey," trucker/author Marc Mayfield offers these tips for keeping your operators satisfied:

1. Inform. As you roll out new policies and procedures, keep your drivers in the loop. Let them know that they're not out there on their own and that they're part of a team that includes managers, mechanics, secretaries and others.

December 11, 2011

Real Estate Management Liability Insurance Expert Witnesses

Real estate management liability insurance expert witnesses may testify on property insurance, insurance fraud, and affiliated matters. Stateside Underwriting Agency explains what property manager liability insurance entails:

property manager liability insurance
liability insurance for property preservation
wrongful eviction coverage
tenant discrimination insurance....

Read more: statesideunderwriting.com.

December 11, 2011

Hazard Identification Expert Witnesses Part 1

Hazard identification expert witnesses may write reports and opine on risk assessment, disaster risk management, as well as related issues. At its website, FEMA offers Hazus, a methodology for estimating potential losses from disasters.

Hazus is a nationally applicable standardized methodology that contains models for estimating potential losses from earthquakes, floods, and hurricanes.

Hazus uses Geographic Information Systems (GIS) technology to estimate physical, economic, and social impacts of disasters. It graphically illustrates the limits of identified high-risk locations due to earthquake, hurricane, and floods. Users can then visualize the spatial relationships between populations and other more permanently fixed geographic assets or resources for the specific hazard being modeled, a crucial function in the pre-disaster planning process.

Read more: fema.gov.

December 11, 2011

Vulnerability Assessment Expert Witnesses

Vulnerability assessment expert witnesses may testify on risk assessment in energy supply systems, IT systems, and communication systems. The SAINT Corporation explains that "new vulnerabilities are discovered at an astonishing rate....The number one threat to infrastructures today is known vulnerabilities."

Read more: www.saintcorporation.com.

December 11, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may write reports and consult on insurance claims, insurance carriers, the insurance industry, and affiliated matters. On its website, The Insurance Information Institute offers informative articles including Fraud and Abuse In No-Fault Auto Insurance System Results In a Substantial 'Fraud Tax' for Florida’s Drivers, I.I.I. Finds.

Read more: iii.org.

December 10, 2011

Marketing Expert Witnesses

Marketing expert witnesses may opine on marketing effectiveness, marketing research, marketing strategy, and more. At Expert Communications.com, Rosalie Hamilton provides methods for experts to find prospective attorneys, companies and insurers that need their expert consultant services. At ExpertCommunications.blogspot.com, attorney Elliott Wilcox, lead trial lawyer in nearly 200 jury trials and numerous non-jury trials, writes Tips for Testifying. Mr. Wilcox cautions that this is just a quick primer.

Don't get rushed. Get into the pattern of "Question - Pause - Answer." By ensuring that you pause after each question (regardless of the question's difficulty) you'll avoid getting pushed into rapidly answering the defense attorney's questions.

Talk to individual jurors, not "the jury." Make eye contact with individuals. Think "conversation," not "soliloquy."

Remember that you're always on stage. Maintain a serious composure before and after you testify. The jurors might see you as you drive into the courthouse, in the hallways as you wait to testify, or after you've finished testifying.

Read more: http://expertcommunications.blogspot.com/

December 10, 2011

Computers Expert Witnesses

Computers expert witnesses may provide reports concerning computer storage, computer systems, computer forensics, and associated issues. In the news this week, Facebook will be building its first data center outside the US in the Swedish town of Luleaa which is located sixty miles from the Arctic Circle. The center will have 3 buildings of 300,000 square feet each. Facebook says the area is distinctly appealing because cooling computer servers is a major issue.

December 9, 2011

Risk Management Plans Expert Witnesses

Risk management plans expert witnesses may consult on risk assessment, financial risk management, and related matters. The risk management plan prepared by the Northrop Grumman Corporation for Interoperability Montana explains risk management.

The identification of risk normally starts before the project is initiated, and the number of risks increase as the project matures through the life cycle. When a risk is identified, it’s first assessed to ascertain the probability of occurring, the degree of impact to the schedule, scope, cost, and quality, and then prioritized. Risk events may impact only one or while others may impact the project in multiple impact categories. The probability of occurrence, number of categories impacted and the degree (high, medium, low) to which they impact the project will be the basis for assigning the risk priority. All identifiable risks should be entered into a risk register, and documented as a risk statement.

Read more: interop.mt.gov.

December 9, 2011

Property Insurance Expert Witnesses &

Property insurance expert witnesses may write reports and consult on insurance claims, insurance carriers, the insurance industry, and affiliated matters. On its website, The Insurance Information Institute offers informative articles including Personal Lines P-C Insurance Markets: Trends, Challenges & Opportunities for 2012 & Beyond written by insurance expert and economist Robert P. Hartwig, Ph.D., CPCU.

The I.I.I. has provided definitive insurance information for over 50 years. See: iii.org.

December 9, 2011

Medical Insurance Expert Witnesses & Co-Payments Part 2

Medical insurance expert witnesses may opine on health insurance claims, medical insurance deductibles, and related topics. In Understanding Co-Payments, Deductibles and Co-Insurance Scott Cornelius, board member of the Independent Agents of Oklahoma City, writes:

But health insurance companies take their position as insurers very seriously and they have a method for dealing with the risk of claims. First, they underwrite applications so that they fully understand the risks presented by each individual applicant (and for group insurance they look at the experience of similar groups). Next they review the applicant's choice of policy so they can decide what rates they need to charge based on the risks that are self-insured through flexible policy options such as deductibles, co-insurance and limits. Finally, they structure each policy with a set of pre-determined prices (also called co-payments) for different medical treatment and the service of certain providers.

All these different facets of a health insurance policy can be very confusing, but understanding the differences between co-payments, deductibles and co-insurance is probably the most difficult.

Article Source: http://EzineArticles.com/6589356

December 8, 2011

Media Piracy Expert Witnesses

Media piracy experts may consult on online infringement, international IP piracy, pirated goods, and correlated matters. In an effort to strengthen copyright enforcement online, the U.S. House of Representatives is now debating H.R.3261, The Stop Online Piracy Act.

Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services.

Read more: thomas.loc.gov.

December 8, 2011

Mortgages Expert Witness On Credit Bids Part 3

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

The Other Problem – “Minimal Opening Bids”

The term “minimal opening bids,” refers to opening bids that have no relation to the value of the property or the equity being sold at the trustee’s sale, such as an opening bid of $2,000 on our $500,000 property. Many lenders start with minimal opening bids, then instruct the trustee to increase their credit bid in the event there are other bidders at the sale. The problem with a dramatically low opening bid is that the “Re-statement of the Law-Property Mortgages” (Fn1) states that if it is determined there were any irregularities with the sale, and the opening bid was for less than 20% of the equity being auctioned, a court may invalidate the foreclosure sale. Opening your bidding at a minimum of 20% of the equity being auctioned creates some protection for a beneficiary in the event an irregularity with the sale is later discovered.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

December 7, 2011

Merchandise Licensing Expert Witnesses

Merchandise licensing expert witnesses may testify on character images, merchandising, and licensing fees. In Power Rangers Halloween Costumes Morph Into Copyright And Trademark Infringement Suit, Milord A. Keshishian writes on the case against Underdog Endeavors, Inc. Go to:

iptrademarkattorney.com.

December 7, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes:

Low-Risk Crime. Insurance cheaters view insurance fraud as a low-risk, high-reward game, and far safer than drug trafficking or armed robbery. Consider:

Six states still don’t have specific insurance fraud laws, thus discouraging many prosecutors from tackling tough fraud cases.

Courts are getting tougher on convicted schemers, but too often jail sentences still are light, with courts often reserving space in overcrowded prisons for people convicted of more-violent crimes.

Professional societies overseeing doctors and lawyers often are reluctant to discipline peers convicted of insurance fraud.

Read more: http://www.insurancefraud.org/fraud_backgrounder.htm.

December 6, 2011

Risk Management Expert Witnesses

Risk management expert witnesses may write reports and consult on forecasting, risk assessment, the risk management process, and related topics. Federal law requires industrial facilities that use large amounts of extremely hazardous substances to file a Risk Management Plan with the EPA. In the news, the EPA is making available to the public hundreds of studies on chemicals that had been treated as confidential business information. The move is part of EPA's plan to make public the chemicals that are not entitled to CBI status. Releasing the data will expand the public’s access to critical health and safety information on chemicals that are manufactured and processed in the U.S. This can be found at Chemical Data Access Tool.

Read more: rtknet.org.

December 6, 2011

Professional Liability Insurance Expert Witnesses Part 6

Professional liability insurance expert witnesses may write reports and opine on professional indemnity insurance, errors & omissions insurance, and malpractice insurance, among other topics. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

Other Types of Small Business Liability Insurance

Business Owner’s Policies, also known as BOP’s, are policies that are many types of liability put together into one policy. The contents of one of these policies can be custom made by the agent as to what a business owner needs.

For example, other types of small business liability include Storekeepers Liability Insurance, Uninsured Motorists Coverage (because you never know what might happen!) Landlords and Tenants Liability Insurance Policy, Employers Liability and Compensation, Commercial General Liability Insurance, Physicians, Surgeons and Dentists Professional Liability, and Manufacturers and contractors Liability.


Read more: everythingsmallbusiness.com.

December 6, 2011

Truck Drivers Expert Witnesses

Truck drivers expert witnesses may testify on hours of service, trucking accidents, and federal motor vehicle safety standards, as well as related issues. In Monitoring Driver Behavior Can Improve Safety, Reduce Costs, Jim Beach, contributing editor & Deborah Lockridge, editor in chief of Trucking.com write:

Driver monitoring has evolved tremendously in recent years. Some carriers still rely on reports from a 1-800 "how's my driving" number to find out when a driver is driving poorly, but many more are putting technology to work to take advantage of near-real-time reporting on driver performance. Today's technologies allow fleets to keep track of not only where their trucks are at any moment, but also how the trucks are being operated.

December 6, 2011

Marketing Expert Witness On Performance Part 5

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE:

ADDITIONAL QUALITATIVE EVALUATION OPTIONS
Define qualitative evaluation measures appropriate for your business. Based on the judgment of your field and headquarters personnel, evaluate each of your distributors. Page 4, table 5.

IV. SUMMARIZE EACH DISTRIBUTOR’S STRENGTHS, AREAS TO IMPROVE AND ACTION PLAN
Based on the quantitative and qualitative information, define each distributor’s strengths, areas to improve and action plan. Page 4, table 6. The National Sales Manager or another appropriate person develops the action plan jointly with each distributor. The action plan should be reviewed and revised quarterly.

December 5, 2011

Trademarks Expert Witnesses & Apple Inc Lawsuit

Trademarks expert witnesses may testify regarding trade secrets, trademark infringement, trademark licensing, and related matters. Recently, Apple Inc has expanded its lawsuit against Amazon.com in an amended trademark complaint against the online retail giant. Apple is accusing Amazon of trademark infringement over the use of the term 'appstore.'

Read the complaint: justia.com.

December 4, 2011

Medical Insurance Expert Witnesses & Co-Payments Part 1

Medical insurance expert witnesses may opine on health insurance claims, medical insurance deductibles, and related topics. In Understanding Co-Payments, Deductibles and Co-Insurance Scott Cornelius, board member of the Independent Agents of Oklahoma City, writes:

Health insurance is not as straight-forward an insurance policy as other types of insurance like auto, home and life. That's because health insurance protects your wallet from more than just the medical bills that can occur after an accident or unexpected illness. It also extends to the costs of treatment for preventative measures and ongoing medical procedures and medications. So unlike an auto or life insurance policy, health insurance policies have a continuing, regular responsibility to assist you in receiving medical treatment. As you can imagine, that kind of responsibility could create a giant financial liability for health insurance companies that aren't prepared for the claims to start coming in.

Article Source: EzineArticles.com.

December 3, 2011

Mortgages Expert Witness On Credit Bids Part 2

In Avoiding the $475,000 Mistake – Entering the Credit Bid attorney John L. Hosack, Buchalter Nemer, and mortgages expert witness Joffrey Long write:

Full Credit Bids – The Problem:

If $575,000 is the total of your principal and accrued interest, late charges and other fees and costs, and the property reverts to you as beneficiary after you credit bid that amount, you’re deemed to have been “paid in full.” Having just acquired a $500,000 house in exchange for a $575,000 debt, you (and especially your investors) won’t want to consider this arrangement as “payment in full.”

There may be other ways to collect on your note, such as insurance proceeds, proceeds from title insurance claims, rents, personal property, or payments from a guarantor, if there is one. But if the property has reverted to you under a full credit bid scenario, providers of title or hazard insurance, guarantors, and anyone else you intend to pursue for your losses will point to the fact that you were already “paid in full,” when you acquired the property in exchange for a full credit bid. Any amount that you credit bid at the trustee’s sale is deducted from the total amount owing. Acquiring the property for a lower credit bid, ($100,000, for example) preserves the right to pursue other parties for the remaining unpaid portion of the debt.

Joffrey Long, President of Southwestern Mortgage, chairs the education committee, is a director and is a past president of the California Mortgage Association. He provides litigation consultation for, and is often called upon to testify as an expert in mortgage related litigation matters. See his profile here.

December 2, 2011

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on insurance claims, insurance regulations, and associated matters. On their website, the Coalition Against Insurance Fraud writes Why Is Fraud So Big?:

Low Legal Priority. Prosecutors often give top priority to combating drugs, violence and other high-profile crimes. Though prosecutors are tackling more fraud cases than in the early 1990s, too many prosecutors still believe insurance crimes often are too complex and technical to successfully prosecute.

People Tolerate Fraud. Too many consumers believe insurance fraud is justified. This environment of tolerance makes it much easier for con artists to operate safely. Research by the Coalition Against Insurance Fraud reveals:

Two of three Americans tolerate insurance fraud to varying degrees;

Two of five Americans want little or no punishment for insurance cheats; they blame the insurance industry for its fraud problems because they believe insurers are unfair.


Read more: http://www.insurancefraud.org/fraud_backgrounder.htm.

December 1, 2011

Marketing Expert Witness On Performance Part 4

Marketing expert witness Don E. Smith, President, American Consulting Group, LLC, writes on THE LIMITATIONS OF USING SALES QUOTAS AS THE PRIMARY MEASURE OF PERFORMANCE

Market. Most difficult measure to define but information has major value. Compare to national average or similar distributors. Keep it simple. Page 3, table 4, Market and Share Index. Examples of how estimate market share.

1. Distributor market = (Market potential in total US) x (% of industrial buying power in distributor territory).
2. Distributor market = .65 x (% of US housing starts in distributor territory) + .35 % x (% of US existing housing in distributor territory).
3. Distributor market = $6 x (# of K-12 school teachers in distributor territory) + $9 x (# of professors in colleges in distributor territory).

December 1, 2011

Professional Liability Insurance Expert Witnesses Part 5

Professional liability insurance expert witnesses may write reports and opine on professional indemnity insurance, errors & omissions insurance, and malpractice insurance, among other topics. On the website Everything Small Business, find the article Small Business Liability Insurance – The 4 Types That You Need To Protect Your Business:

4. Professional liability insurance is for professionals who need coverage from malpractice, negligence, errors and omissions. Attorneys, insurance agents, physicians, architects, information technologists, and artists are all professionals that require, to some degree, professional liability insurance. Affordable liability insurance can be acquired from many resources. Price quotes can be obtained from agents, online insurance providers, and various insurance companies.

Read more: everythingsmallbusiness.com.