Benchmarks are the basis for damages. But when the assumptions behind the benchmarks fail to stand up to Daubert scrutiny, expert testimony may be excluded.
Presumptive tests, also known as preliminary tests or field tests, allow drugs to be quickly classified into a particular chemical group, but do not unequivocally identify the presence of a specific chemical compound. Preliminary drug test results are often included in a panel of tests, which then be used as a guide to an appropriate confirmatory test to determine and verify the chemical compounds present.
The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.
This is the first in a series of six posts on how to overcome contractual challenges for data center projects. The series will address:
A married couple, who owned a business in a small town, called me to investigate some curious items found on their company's bank statements. There was a DISH Network bill being paid through their account, but they didn't have DISH Network as their cable TV provider. When they called the company to ask whose account it was, they were given the name of their bookkeeper. They dug a little deeper into the bank statements and noticed that each month there was a Verizon Wireless bill being paid by them, even though they both used AT&T. Finally, they confronted their beloved bookkeeper, Sienna. A woman in her mid-twenties, Sienna had worked for them since graduating high school, eventually working her way up in the Company to managing the office. Sienna reacted the same way most fraudsters do when they are initially caught, she lied and said that she didn't know anything about it. When pushed, she explained that it was an accident and apologized for the oversight.
This paper presents a method for measuring economic damages in wrongful termination cases. Such cases present the damages expert with a problem since the available studies of earnings recovery after a job loss are based on a limited time period after a job loss and many workers never catch-up to the previous earnings level. A two-step approach is offered. First, the expert uses appropriate available empirical evidence to develop a typical earnings catch-up period. Second, the expert gathers information about case factors affecting the duration of the period to earnings catch-up. Using these factors, the expert modifies the base time period to develop a reasonable range of years for earnings catch-up. The ultimate choice of lost earnings is left for the court to decide, given the range presented by the expert. Cases directly or indirectly supporting this method are presented.
The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."
Initially developed in 1915 with an "Office Measurement Standard", the Building Owners and Managers Association (BOMA) has continued over time to establish a uniform industry process model to measure spaces within a variety of building designs and tenant amenities. Architects, Interior Designers, Building Owners, Appraisers, Contractors, Brokers and many other professionals benefit from these BOMA consistent benchmarking tools to establish value and communicate a common language in measuring the complex diagnostic of building floor areas.
Standard of care is a general expression of what constitutes care in professions such as medicine, nursing, education, or child care administration. In schools and other agencies responsible for the care and supervision of children, the professional standard of care is the ethical or legal responsibility of a professional to exercise the level of care, diligence, and skill that other professionals in the same discipline would apply in the same or similar circumstances. This, coupled with statutory requirements and case law, defines the care that an educational professional is responsible for providing to children which includes protection from child sexual abuse.
For many individuals contemplating treatment for addiction, ninety or more days of residential treatment can be a daunting thought; even difficult for some to consider beyond the once-mainstay "30 day" inpatient treatment program. While many programs still use this "30 day" model, this duration was not based on research or science. It was simply the time period that insurance carriers agreed to provide coverage in the 1940-s and 1950-s, and so was adapted as the model for treatment.