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Securities expert witness Chris McConnell, AIFA®, writes on a 2007 court decision requiring some stock brokers to register and comply with the Investment Advisors Act of 1940.

Prior to this decision (FPA v. SEC) what was the brokers’ responsibility to customers’ accounts? Over 1 million customers may find new customer account agreements in the mail. Customers should read and understand potential liability-shifting and the gravity of the decision on previous, current and future investment advice and recommendations. Some customers especially trustees, unwittingly relinquish rights even before investments occur; fiduciary duty appllies before and during review and monitoring of the account agreement with the broker dealer or investment adviser and any changes thereto. Notably, stock brokers (Series 7 licensees, registered representatives, supervised by broker dealers) are required to adhere to FINRA (formerly NASD) rule 2310 regarding Suitability and the NYSE (New York Stock Exchange) rule 405 regarding “Know (and update) your Customer” as they relate to securities recommendations in contrast to the customer’s cash flow needs, time horizon, age, tax bracket, tolerance for risk (fluctuation to principal), income (amounts and sources), net worth (liquid and total) and other factors.

Excerpted from http://www.fiduciaryexpert.com/page2.html

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Computers expert witness Scott Greene of Great Scott Enterprises, Inc., writes that it is important to understand that computer forensics is not just “looking around in a computer.”

There are very specific protocols for recovering, preserving and analyzing the data as evidence. Certain data may need to be recovered due to the fact that it was purposely destroyed. In addition, there are data files that are created during normal operation of the operating system or of an application program that individuals usually don’t realize exist. These intricacies require an expert. Proper handling techniques preserves data from websites, computer files, fax machines, emails, etc.

Did you know that computer forensic analysis can reveal:

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SEAK Inc. has developed a very comprehensive expert witness retention agreement. The contract addresses many issues, including:

• Being kept in the dark by retaining counsel • Being purposefully conflicted out of the case • Being stuck in a case with a problematic attorney • Collection of fees • Conflicts of interest • Credibility challenges • Deposition fees reduced via protective order • Document retention • Duties toward successor law firms • Expense reimbursement • Incomplete documentation • Lack of preparation by retaining counsel prior to testimony • Last minute testimony cancellations • Late payment of fees • Less than ethical attorneys • Licensing issues when testifying out of state • Non-payment of fees • Preserving the expert’s reputation • Pushed outside your true area of expertise • Refusal to pay for all time spent on case • Scheduling • Storage costs • Subpoenas • Travel conditions • Undisclosed Daubert challenges • Unreasonable budgets • Unreasonable deadlines • Unreviewed answers to interrogatories
This contract is well worth the $100 amount, and can be purchased by clicking here: Expert Witness Retention Agreement.

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JurisPro’s President Jim Robinson, Esq. will be one of the keynote presenters at SEAK, Inc.’s upcoming 17th Annual National Expert Witness Conference on Cape Cod June 19-20, 2008. Mr. Robinson’s topic will be “How Lawyers Dig up Dirt on Expert Witnesses.”

SEAK’s conference is very highly regarded and features superb, practical information presented by judges, attorneys, experts and trial consultants.

Continuing education credit is available for accident reconstructionists, arborists, attorneys, accountants, appraisers, engineers, life care planners, nurses, physicians, and psychologists.

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In Preference Defense: New Challenges Facing Creditors bankruptcy expert witness Dorman Wood writes:

At its inception, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was hailed as the most sweeping revision of the bankruptcy law in more than two decades.

While the majority of the revisions under BPACPA were aimed at individual bankruptcy reform, several touched on commercial bankruptcy reform.

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In Personal Emergency Preparedness: How Prepared Are You? banking expert witness Catherine Ghiglieri writes that since 9/11 the banking industry has focused on emergency preparedness in dealing with potential terrorist threats or natural disasters. Very few have stopped to consider their personal emergency preparedness. Ghiglieri suggests putting:

All important documents or copies of them, in a binder that can be easily taken out of the home in case of a quick evacuation. Our binders are bright red, clearly marked with “Emergency Binder,” and are placed in an easily accessible location, such as a bookcase or closet near the door. In the event of an impending hurricane, these binders can easily be placed in a large zip-lock bag to assure water-tightness if an evacuation is mandated or the roof leaks. A selection of baby and marriage pictures or anything else that is precious should also be assembled and located with the emergency binders.

More to come from Catherine Ghiglieri, former Texas Banking Commissioner and President of Ghiglieri & Company, a bank consulting firm www.ghiglieri.com.

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Antiques, art, & collectibles appraisal expert witnesses are knowledgeable regarding property types and their relevant markets. These expert witnesses have prepared themselves to identify and value personal property. When hiring such an expert, look for one with the special knowledge, skill, experience, training, and education in valuation. They will be able to provide reports and expert testimony on art valuation, antique furniture, coins, metalware, sports collectibles and more.

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Legal professionals who visit the JurisPro Expert Witness Directory will soon be able to view video clips of expert witnesses. Attorneys have asked to have video clips of our clients, and JurisPro will be providing them to legal professionals through its Web site. This is another way that JurisPro is clearly conveying the qualifications of its clients.

If you are a JurisPro client, the easiest way to have your video clip made known to legal professionals through JurisPro is to upload the clip to Google video. Once you have uploaded it, then email the link to info@jurispro.com. JurisPro will then link your video with your profile.

Alternatively, you may send a copy of the video clip on a DVD to:

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Clients who have listed their qualifications as an expert witness with the JurisPro Expert Witness Directory are now accessible through Sidley & Austin, the #5 law firm in the United States as ranked by AMLaw.

“Through JurisPro Law Librarian Karen Olson’s efforts, JurisPro’s clients are now at the fingertips of tens of thousands of attorneys who practice at some of the most prestigious law firms in the United States,” said attorney Jim Robinson of JurisPro. “JurisPro’s clients can now be directly contacted through the internal network of 12 of the top 20 law firms in the United States, and 35 of the top 100.”

Sidley Austin diversified global practice encompasses the spectrum of corporate, transactional, litigation and regulatory matters. Their practice areas include: litigation, business, healthcare, intellectual property, real estate, products liability, labor and environmental, to name just a few.