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In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.
A confrontation between an inmate and a Corrections Officer leads to accusations of mistreatment on one side and claims of justifiable action on the other. It was one person's word against another until an unexpected recording came to light and, with the help of sophisticated audio forensic analysis and processing, the truth was revealed.
In 1982, a foreign diplomat was assassinated a few blocks from a Federal law enforcement agency office. There were no computers, cell phones, or pagers. Within 18 months, investigators made 18 arrests and put two major terrorist organizations out of business. This article will explain how this was accomplished with no digital technology.
This week marked the enshrinement of Junior Seau in the NFL Hall of Fame. Junior was an outstanding linebacker for USC who went onto great accomplishments in the NFL. However, all was not well. The effects of domestic violence, substance abuse and gambling difficulties; as reported on ESPN's Outside the Lines, took the toll on Junior. He repeatedly complained to a friend who was a fellow player and suffered from headaches, how he too, suffered for years from headaches. ESPN noted that he was reported to have been diagnosed with chronic traumatic encephalopathy, a neuro-degenerative disease that can lead to dementia, memory loss and depression. Gina Seau reported that Junior's disease was associated with head-to-head collisions caused from 20 years of playing in the NFL. This scenario affected his ability to think logically.
A growing trend for many businesses has been for their customers and prospects to use their experience modification factor as a safety benchmark, requiring a modifier of 1.00 or 1.05 for those bidding on projects. A higher modifier can disqualify a firm from bidding on many projects, particularly governmental projects.
This paper reviews and compares the results of ASTM Standard fabric tests and my Bi-Axial Rip Test (BART) to introduce a formula that can be further developed to provide for factors of safety (FOS) in designing tensile fabric structures that take into acount fabric tears and tear propagation.
With panoramic/wraparound windshields lying against the front plane, sun visors, tinted windshields, crossover and parabolic mirror systems, ergonomic driver compartments with tilting/telescopic steering columns and pneumatically-adjustable seats, video surveillance cameras and motion detection sensors - much less corrective lenses, sunglasses, annual vision examinations, and continual improvements in headlamps - one would think that bus drivers could see and react to large objects appearing directly in front of their vehicles. But, as many jurors learn, one would be wrong.
The first responsibility of educators and those who supervise children in residential programs, day care centers, before- and after-school programs, and other settings is to make sure that these programs foster learning and care in a safe environment. Asking third graders to move a cart with a heavy TV on top, inadequate staff instruction in safe techniques to quell disruptive students, not carefully checking that the door to the pool closes and locks the way it is supposed to, excessive discipline, playground aides talking among themselves but failing to pay attention to the children, not providing a sufficient number of nighttime supervisors in a dormitory, and a school police officer not trained on how to interact with children with behavioral disorders - any of these circumstances can lead to student injury at school or death of a child and high litigation costs. The overriding professional standard of care is to protect children's health, safety, and well-being. Under this umbrella fall the development and implementation of policies, adequate staff training, and a level of supervision reasonably calculated to keep children safe.
I receive many telephone calls and emails regarding questions about computer forensics expert witness services. I have created a frequently asked question list which is about fifteen pages long. What I have done is narrow the scope to the top ten items, which I believe is important in the selection and retention of a computer forensics expert witness, for your matter, with a brief explanation of each element.
The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.