Expert Witness Blog

In Obama and Russia, international law expert witness David Satter writes that finding a way to keep an aggressive Russia under control is “one of the most serious challenges facing President Obama.” Satter reports that the Russian economy is unraveling and changes to the Russian Constitution are planned that will probably return Putin to office and make him president for life. Not only is Russia threatening to target American anti-missile installations in Eastern Europe but also to interfere with them electronically which Satter describes as “unquestionably the action of a hostile power.”

Satter, an expert on Russian politics, society and the Russian legal system, offers basic principles for dealing with Russia that can help cut the learning period short for an American president:

1. Don’t Treat the Russian leader As a “Friend.”

The Insurance Institute for Highway Safety, Consumer Reports, the federal government, and many other auto industry experts say electronic stability control is the most important auto safety innovation since seat belts. “Our recommendation to consumers is that you want to buy a vehicle with electronic stability control,” said David Zuby, a vice president of the Insurance Institute. “It’s a very effective way of reducing the risk of fatal crashes.” 100 percent of vehicles must have it by 2012 which may prevent thousands of deaths each year. According to Insurance Institute research, half of fatalities occur in single-vehicle crashes, and 50 percent of those are preventable using ESC. MercuryNews.com writes:

The U.S. Department of Transportation, as well as the Insurance Institute, a nonprofit researcher funded by insurers, has done much of the research related to stability control. ESC will reduce single-vehicle fatal crash risk by 51 percent, and multiple-vehicle fatal crash risk by 20 percent for cars and SUVs, the institute says.

The technology is particularly useful on sport-utility vehicles, which tend to be top-heavy and more prone to rolling over. ESC reduces the risk of a fatal single-vehicle rollover in an SUV by 72 percent, according to the institute. About 10,000 Americans die each year in rollover accidents.

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:

To ensure that security and crime prevention considerations are included in new construction and remodeling projects, a growing number of city and county governments have adopted minimum security standards as part of their local building codes. Generally where these standards exist, they are subjected to the same inspection and review process as any other building code requirement. Compliance must be shown before building permits can be obtained or certificates of occupancy issued. Although these codes are primarily applicable during the design and construction process, many also place requirements and restrictions on the continuing use of buildings and property after construction. Building Security Codes can apply to all building types and most land uses.

While specific wording may vary somewhat among jurisdictions, the requirements of these codes are generally similar. One reason for this similarity is the fact that many jurisdictions have adopted security ordinances based on Model Building Security Codes such as the one developed by the California Crime Prevention Officers Association (CCPOA). This organization was an early proponent of “Crime Prevention Through Environmental Design” and Building Security Codes. It is a pioneer in the crime prevention field and has, through its members, been instrumental in the development of many of the crime prevention programs in use today.

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on steps to consider to insulate your professional practice:

* Identify potential fiduciary risk exposure areas in your practice * Review E&O insurance for coverage or exclusions related to investment fiduciary activities

* Inform clients who act as trustees of fiduciary responsibilities and liability * Alert clients of potential liability before they accept a trustee or board position on a non-profit * Become familiar with federal and state laws concerning investment fiduciary standards of care:

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on pitfalls for attorneys, business managers and CPAs:

* Providing investment advice to clients whether or not you receive compensation * Drawing the line between investment advice and legal, financial or tax advice

* Serving as trustee to accomodate a client who doesn’t want heirs to know or be involved

In Fire Investigation Reports: The Key to Writing a Quality Report fire expert witness and Principal of Pyrocop, Inc., Robert Rowe writes on the preparation of a fire report:

One of the most essential components of fire investigation is the writing of an accurate and comprehensive fire report. Although the writing styles of fire investigators may vary, as with any professional report, preparation is the essential first step.

The fire investigator must insure that all necessary information pertinent to the fire investigation has been collected and compiled before the report can be written. The material within the report must be arranged in a systematic order and that information not pertinent to the case is left out. Utilization of an outline will assist the fire investigator in ensuring that the report is in chronological order and easy to follow.

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Loan underwriting is performed by the mortgage banker’s underwriter who decides whether the loan will be consistent with governing loan program underwriting standards and, therefore, should or should not made by the mortgage banker. Also, the mortgage banker’s underwriter, where the PMI underwriting is delegated to the mortgage banker, decides whether the loan qualifies or does not qualify for PMI insurance. Based on at all the information gathered during the wholesale loan processing by the mortgage broker, the loan underwriter analyzes and considers these three areas of risks ─ collateral risk (loan-to-value), capacity risk (ability-to-repay/income) and character risk (credit, reputation).

Collateral risk is analyzed by reviewing the appraisal to ensure that all the criteria required by the appraisal standards are met. Second, the underwriter must address the liquidation value of the property if it should go into foreclosure. Third, the underwriter must address the marketability timeframe if the mortgage banker had to sell the property after foreclosure. After determining that the answers to these areas are satisfactory, the underwriter determines the appropriate loan-to-value (LTV) ratio for the collateral.