It may be detrimental to an expert witness's credibility if even the appearance of a lack of independence exists. In today's legal environment, discrediting an expert based on his or her relationship with counsel, the client or the judge is common. Let's examine how to identify an expert's independence.
The pills - he had to find the pills. Running from his house to his leased car, he yanked open the front door and reached for the fuse box. The stash he kept there was gone. Frantically pushing his hands under the front seat, he poured through the car before ripping off the dashboard.
As an operating business without the benefit of long term leases, hotels can be volatile. With a perishable inventory of rooms to be sold each night, sophisticated marketing tactics are critical. In good times, it is easy to make money; however, as the economy slows, and new supply enters the market, cash flows lessen, and tensions rise. This is particularly true for overleveraged hotels.
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.