Expert Witness Blog

Enterprise risk management expert witnesses may write reports and testify on enterprise risk management, financial risk management, and disaster risk management, as well as related issues. In Risk Management – 8 steps To Avoid Litigation, Mridu Bhattacharya, Jr. Project Manager in Online Promotions at SynapseIndia, writes that “Accidents, mistakes and misunderstandings can happen in any business. Some are settled amicably, others grow into full-blown disputes, and before you know it you could be facing a legal claim.”

Eight steps to safeguard your business #3 Checking work.

Freelancers are not required to be perfect. However, this does not relieve them from the obligation to check their work because this is one of the standard systems used to discover and correct errors. Errors, per se, are not evidence of malpractice, but failure to check the work product is.

Risk management expert witnesses may write reports and testify on enterprise risk management, financial risk management, and disaster risk management, as well as related issues. In Risk Management – 8 steps To Avoid Litigation, Mridu Bhattacharya, Jr. Project Manager in Online Promotions at SynapseIndia, writes that “Accidents, mistakes and misunderstandings can happen in any business. Some are settled amicably, others grow into full-blown disputes, and before you know it you could be facing a legal claim.”

Being sued is stressful, time-consuming and expensive. Even if you win the case the disruption to your business can outweigh any financial gains. A key objective for most businesses is to avoid being drawn into litigation in the first place and here we outline the steps freelancers can take to safeguard their business against litigation.

Eight steps to safeguard your business

Variable annuities expert witnesses may testify on retirement annuities, wraparound annuities, variable annuities, and more. In VARIABLE ANNUITIES: A PRIMER FOR CLAIMANTS’ COUNSEL, John Duval Associates writes on annuities sales practices:

Variable annuities are a notorious vehicle for abusive sales practices. The reason many brokers are prone to commit these abuses is that the combined commissions from the sale of a typical variable annuity are higher than commissions from almost any other product. Not only does the broker get a sales commission, but the broker-dealer also gets sales credits or “trailers” which in turn are partially passed on to the registered representative on a quarterly basis. These additional payments consist of a percentage of the asset base, usually .25% or higher. But since there is no front-load to variable annuities–100% of the principal goes into the contract–one might wonder where the insurer gets the money from which to pay these higher commissions. The answer is that the insurance carrier “fronts” the commission to the broker-dealer and recoups this money through the death benefit charge, known as the “mortality and expense risk” or “M&E.”

In order to ensure that the M&E will be in place long enough to compensate the insurer for the fronted commission expense, the insurer includes a contract feature called a Contingent Deferred Sales Charge or “CDSC.” (It is also known as an Early Surrender Charge). If, for carrier six or seven years to recover the commission and turn a profit. Thus, most variable annuities carry a longer surrender period. The owner must pay a penalty for premature withdrawals or surrendering the contract during this period. The penalty decreases each year until it disappears completely in the pre-specified year of ownership. Recently, variable annuities without surrender charges have begun to emerge, but most contracts still contain some form of penalty to impede immediate and unfettered liquidity

Cybersquatting expert witnesses may opine on domain squatting, domain names, and cyberpiracy. Here, Las Vegas Trademark attorney Ryan Gile writes that in Zuffa, LLC v. theultimatefighter.com, UFC filed an In Rem Cybersquatting Action against the UltimateFighter.com.

Las Vegas-based Zuffa LLC (“Zuffa”), the company which owns the marks THE ULTIMATE FIGHTING CHAMPIONSHIP and UFC in connection with mixed-martial arts competitions, filed an in rem lawsuit in the U.S. District Court for District of Nevada against the domain name theultimatefighter.com.

Of course, the date when the mark became distinctive is relevant because it is only cybersquatting if the domain name was confusingly similar to a mark that was distinctive on the date of registration. The domain name in dispute was purportedly registered by Anton Resnick with the registrar eNom on January 22, 2004 (long before Zuffa’s aforementioned trademark applications). The domain name http://www.theultimatefighter.com/ currently is redirected to a Yahoo page dedicated to mixed martial arts.

Annuities expert witnesses may testify on variable annuities, retirement annuities, wraparound annuities, and more. the National Association of Fixed Annuities includes this press release on their website:

NAFA Comments on Passage of Financial Reform Bill by Senate Milwaukee, WI (July 15, 2010) – Today’s passage of the Financial Regulations Bill by the U.S. Senate tops off the historic week for the fixed annuities industry that was kicked off on Monday, July 12, when the U.S. Appeals Court required that the Securities and Exchange Commission’s Rule 151A be vacated. While the court’s ruling was good news the decision to vacate the Rule 151A does not preclude the SEC from re-proposing the Rule. The passing of the Financial Regulations Bill by the Senate will prevent the SEC from asserting jurisdiction over Fixed Indexed Annuities when the Harkin Amendment conditions are satisfied.

We are very pleased with these developments,” said Kim O’Brien, executive director of NAFA, “Fixed Indexed Annuities are insurance products that should be subject only to the oversight and regulation provided by state insurance departments. Fixed annuities play a vital role in helping consumers provide for their own financial well being in retirement. All stakeholders touched by fixed annuities – government, regulators, the industry, and consumers – share a common objective to protect consumers. This, along with a strict adherence to state regulations and our own code of ethics, should always be our primary focus as the association and its members continue to provide products and service to assist our customers with their retirement needs.”

Wood products expert witnesses may write reports and testify on pressed wood products, wood manufacturing, building materials, and more. The International Wood Products Association includes this press release on its website:

The International Wood Products Association (IWPA) welcomes legislation to set a national standard for formaldehyde emissions from composite wood products. “Our members are meeting and exceeding the emission regulations already in place in the state of California. They welcome a nationwide standard to provide uniformity and predictability to the marketplace,” said Brent McClendon, executive vice president of the International Wood Products Association.

The Formaldehyde Standards for Composite Wood Products Act (S. 1660) passed the House of Representatives on June 23, 2010 and is now bound for President Obama’s desk. The legislation directs the Environmental Protection Agency to promulgate regulations on emissions, labeling, and third-party testing, among other provisions.

Synthetic latex expert witnesses may opine on latex allergies, latex hypersensitivity, and related issues. In How Do I Prepare for Latex-Safe Emergency Care?, Gerri Rivers, EMT-1, Quad Cities Support Network Chairperson and member of the American Latex Allergy Association writes:

5. Write individual letters introducing yourself and latex allergy to your State EMS Director (to locate that person try: www.co.rowan.nc.us/es/oems/memlist), local EMS Director, local hospital administrator, are Medical Society Director, local police chief and local fire chief. It should contain your name, home address and phone number, emergency treatment guidelines, information about any latex-safe EMS equipment that you need or have. A description of your usual signs/symptoms during a reaction is also useful. Include the phone number for A.L.E.R.T., Inc. and a NIOSH Alert. Also include a copy of a medical statement from your doctor indicating your condition, severity of your reaction and the importance of latex-safe treatment. The letter that you write to your local EMS director should be sent to all of the people on the list and your attorney, if you have one.

Read more: AALA.

Foreign language translation expert witnesses may opine on translations for depositions and legal proceedings, source languages, and more. In Florida to Require Certified Court Interpreters the American Translators Association writes:

Beginning July 1, courts throughout the state of Florida will be required to use state-certified interpreters. Interpreters will be required to pass an oral and written exam that measures their proficiency in English, foreign languages, courtroom procedures, and legal terminology. Continuing education courses also will be required. Previously, training and testing were voluntary. The new law will likely boost the demand for the state’s interpreters, which already have seen their work increase as the population soars. In Brevard County, for example, there were 294 cases that called for interpreters in the county’s 2004-2005 fiscal year, but that number nearly doubled to 547 cases in the 2006-2007 fiscal year.

Since July 2007, there have been requests for interpreters in about 400 cases, a pace that would set a new record. Although Spanish is the most requested language, other popular languages include Russian, Vietnamese, and Portuguese, says Earth Languages co-owner Julie Graybeal. Haitian Creole also is popular. Brevard County has a contract with an interpreter agency that draws from a pool of about 40 interpreters fluent in 27 languages. Judges may also use a telephone interpreting service when a live interpreter is not available on short notice. Brevard County interpreter Lea Collins says she uses newspapers, television, and the radio to keep up with Spanish and French slang, legal and medical terms, and cultural references.

Latex allergy expert witnesses may opine on latex allergies, latex hypersensitivity, and related issues. In How Do I Prepare for Latex-Safe Emergency Care?, Gerri Rivers, EMT-1, Quad Cities Support Network Chairperson and member of the American Latex Allergy Association writes:

3. “Flag” your address on your area 9-1-1 enhanced system (if available). They may resist, but you should insist! Call your local EMS, police or fire department for the correct number or person to talk to.

4. Discuss with your allergist any personal latex-safe medical supply needs. Your personal Advanced Life Support jump kit may include such things as ET tubes (which require a doctor’s prescription), IV tubing, cardiac monitor electrodes and a bag-valve mask, non-latex tourniquet, and non-latex gloves in various sizes. You may not need all of these things, but better to have something and not need it than need something and not have a latex-free product. Make sure to notify you local EMS of what you have and where it is kept. Even if your local EMS has latex-safe supplies, other EMS away from home may not.

Engineered wood expert witnesses may opine on wood manufacturing, building materials, engineered wood, and more. In Green Building and Life Cycle Assessment, APA-The Engineered Wood Association writes:

What makes a building program green? The complexity of modern products makes it difficult to measure sustainability. In scientific circles, life cycle assessment (LCA) is emerging as the accepted way to determine the true environmental impact of any product. A measurement from “cradle to grave” of the product, including raw material extraction, manufacture, distribution, use, maintenance, and destruction, LCA examines pollution, human health, and energy efficiency over the lifespan of the product. This eliminates biased rankings that occur in an evaluation of a product based on one criterion. Because LCA examines the entire picture of a material’s impact, it is an objective means to determine environmental impact and thus a focal point for accurately measuring green building attributes. Download the Wood Promotion Network’s Wood and Green Building fact sheet, The Role of Life Cycle Assessment, for more information.