Engineering involvement with property losses demands an open technical mind that can look at the bigger picture, sometimes beyond the scope of work initially requested by the adjuster or insurance company. Engineering law requires the professional engineer to protect "public health, safety, and welfare. "Sometimes specific technical requests are made to a forensic engineering firm that lead to much broader technical involvement in order to ensure compliance with engineering law and the protection of the public. Is it a benefit for an engineer to look at a broader picture when investigating a loss event, even if the scope of work has been specified? Let's examine two examples.
This is Part 2 of a two-part article. The first part (published in the January 2014 issue of Business Valuation Update) discussed valuations of distressed debtor companies based on discounted cash flows and considered the impact of the date and stage of distress. This part describes how the financial analyst derives the cost of capital for a distressed debtor company.
Over the centuries, surveys have been prepared for many reasons. The oldest types of surveys in recorded history are boundary surveys - these are essential to one's holdings - personal or investments.
A director or officer being sued or investigated for allegations of mismanagement is facing one of her or his worse nightmares. His reputation is at stake (often fueled by a stream of adverse news articles in the local press) and, because a director's or officer's liability even for "corporate decisions" is a personal liability, such a claim can be a financial nightmare as well. The situation is made all the worse when the director receives notification that the D&O insurer may be denying coverage. This article will lay out the top ten steps for a director to take to put him back in control. It all starts with
Based on our knowledge of and ability to analyze and value businesses, valuation professionals are uniquely positioned to provide valuable information to business owners and managers regarding the financial value of their brand assets. In other words, how a company's brand assets are contributing to the company's overall financial performance. This "Special Issue" of The Value Examiner is intended to kick-start the discussion on brand valuation by identifying the opportunities and challenges in completing brand valuation assignments for our clients.
Physical traumas such as a serious burn injury can be profoundly traumatic. Serious burns result in sudden unanticipated trauma related to the individual's exposure to a potentially life-threatening experience. One day the burn victim begins their day like any other, and by the end of the day the burn victim's life may be changed forever by the traumatic event experienced. A Forensic Psychological Expert utilizes well respected psychological tests to assess the emotional impact of such injuries. The psychological tests employed are statistically reliable and valid. The choice of valid and reliable psychological tests employed by a Forensic Psychologist are similar to tests used by a physician to diagnose diabetes or other medical disorders. Such tests offer norms that compare the individual in question to a large normative sample, in order to evaluate the burn victim's psychological functioning compared to that of the "normal" person.
As a result of the unfortunate recent bevy of fraternity hazing cases, I am coming out of Semi-Retirement to full time activity as an Expert Witness in Fraternity Litigation, primarily hazing suits. I am currently working on 6 active cases, with two additional settled.
There are many more purposes for which valuations are used. Each has its unique presumptions. It must be understood that there is no one value and that the same investment can have a different value to different people and for different reasons. Each valuator must analyze such differences, understand the presumptions inherent in the purpose for which the valuation is to be used, and select and implement a method to determine proper value for the purpose.
The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. The expert report serves the primary purpose of "educating" deciders of fact on topics not commonly known to the general public. However, a noncomplying expert report can wreak havoc on a case, increase costs or worse, have the expert's testimony precluded in whole or part from use at trial. This of course is contrary to the purpose of retaining an expert in the first place. Understanding the parameters of compliance (C.R.C.P. 26 (a) (2) (B) (I)) and how sanctions for non-compliance (C.R.C.P. 37 (c) (1)) may be applied is important not only for legal counsel but the expert as well under the 2015 rule updates and the recent Colorado Supreme Court case, Catholic Health Initiatives Colorado v. Earl Swensson Associates, Inc.
A London based arbitration process for breach of a contract to purchase tires brought by an International Earthmover Tire Manufacturer, plaintiff, against an International Mining Company, defendant. The Mining Company contractually agreed to order a specified number of tires or to pay 40% of the agreed selling price for any tires not ordered. This is referred to as a “Take or Pay” arrangement. The tire manufacturer contracted to produce tires that met the Tire and Rim Association OTR Handbook standards. The manufacturer did not guarantee tire performance, in terms of any performance measure.