Expert Witness Blog

In What the Defendant Can Do Wrong, security management and risk management expert witness Ira Somerson, BCFE, CPP, CSC, writes on tracking security incidents.

The trick is to create a policy and procedure with management’s strong support that ensures employees will report incidents the very first time they experience an incident or reasonable suspicion. Instead, senior management and house counsel persistently avoid doing this pointing to their concern of it creating a self-incriminating record. In fact, failure to understand one’s history and risks is the best route to self-incrimination. If employees believe that their customers and their own best interests are served, they will support a well developed incident reporting and loss tracking program. Discovery and investigation will more often than not identify that organizations do not perform this vital function and are therefor doomed to persistent security incidents.

In Introduction to Semiconductor Device Manufacturing, semiconductor expert witness Ron Maltiel writes:

Semiconductor technology is continuously evolving and becoming more prevalent in our lives due to the significant advances in the technology and decreases in cost. One of the prominent trends in semiconductor technology over the last 40 years has been the shrinking in size of the individual transistors. This increases the number of transistors that can be included in each new generation of products.

The following narrative is a basic introduction to the semiconductor fabrication (commonly referred to as fab) manufacturing process.

Business expert witnesses may advise regarding executive management, director duties, executive compensation, and related topics. CrainsNewYork.com writes that about 98% of corporate executives believe succession planning is important, yet only 35% have a succession plan in place, according to a recent survey by the Korn/Ferry Institute. In Taking Over: Insider Tips from a Third-Generation CEO, Mitchell Kaneff, chief executive of Arkay Packaging in Manhattan, offers a guide to succession planning.

1. Plan early. “Start succession planning a minimum of five to 10 years prior to the next generation coming into the business,” advised Mr. Kaneff. Sometimes, the process may get stalled, so it is important to build in extra time.

2. Get an outside perspective. Making decisions about succession can be lonely, so it helps to have a sounding board outside of your family or colleagues. “We brought in an industrial psychologist,” said Mr. Kaneff.

In What the Defendant Can Do Wrong, security management and risk management expert witness Ira Somerson, BCFE, CPP, CSC, writes on inherent risks.

Inherent Risks:

When you ask someone what is the primary risk in a convenience store operation, the usual answer is “robbery.” Others may say shoplifting, but from the point of view of criticality and the potential for violence and/or loss of intrinsic assets, robbery would be the likely choice. Some will argue that not all convenience stores are equally vulnerable to robbery. This is true. But the fact remains that its basic operation (without adequate deterrents) makes it uniquely vulnerable to this particular crime.

Although a bar and night club may also be vulnerable to a robbery, the same response in this environment would probably be “aggravated or simple assault” (fighting). A department store? Shoplifting. A parking lot? That would depend upon where the parking lot was, but usually theft of or from auto. A high-rise residential building? burglary and/or various assaults. These examples are generalizations that require far more study, but explain why risk assessment is strategic in developing a security program. A security program should never be developed solely on the basis of anecdotal or experiential instincts. But they should be included in the risk assessment paradigm.

Marketing strategy expert witnesses may write reports and opine on branding, market studies, market analysis, and related topics. Here, WOMMA, the Word of Mouth Marketing Association describes common types of word of mouth marketing.

Evangelist Marketing: Cultivating evangelists, advocates, or volunteers who are encouraged to take a leadership role in actively spreading the word on your behalf.

Product Seeding: Placing the right product into the right hands at the right time, providing information or samples to influential individuals.

In What is Traffic Accident Reconstruction And Cause Analysis?, collision speed expert witness Patrick Scott Moore writes:

Why use a Reconstruction Specialist?

Attorneys understand the law and the procedures of a civil suit or criminal trial. However, most attorneys do not have the expert knowledge required to explain the causal factors of a traffic accident. Therefore, attorneys generally use experts to assist them with their more complex cases. A reconstruction specialist can evaluate and assist in the preparation and presentation of a technically involved case, as well as, testify as an expert.

In The I.S.O. Pollution Exclusion: How Far Does It Go?, insurance expert witness Dale C. Crawford writes:

In responding to judicial interpretations supportive of coverage, the language became quite restrictive. Two key clauses are the definition of pollutants and the exclusionary terms:

“Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned, or reclaimed.