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Other than dealing with the Government, perhaps the most frustrating aspect of running a business is the collection of unpaid debts from your customers. Every business at one time or another will be faced with the situation where goods and/or services have been provided, no complaints have been received, yet your customer refuses to pay. This monograph will serve to answer a few questions you may have regarding collections as they arise in the commercial setting.
Although many articles have been written about the use of the expert witness in litigation, almost all are written by lawyers and rarely by an expert witness who is also a lawyer. Having practiced law since 1968 in the area of real estate and business transactions with a real estate broker's license since 1978, I have testified frequently as an expert witness in litigation involving the interpretation of real estate documents, the standard of care of real estate brokers, in legal malpractice actions involving real estate and business transactions and in legal fee disputes. As such, I thought it would be helpful to litigators handling real estate litigation matters to have the perspective of an expert witness on issues affecting the choice, usage and cross-examination of an expert witness in such litigation.
· Legal Issues
Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"
The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.
While the information recorded on event data recorders (EDRs), commonly referred to as vehicle black boxes, is tremendously helpful in determining how a traffic accident occurred and in improving safety, it was not until recently that EDR data was legally challenged in Illinois and ultimately accepted
Workplace violence presents one of the greatest challenges an organization can face. Poised at the intersection of corporate oversight and law enforcements purview, threats and violence that affect the workplace generate a wealth of concerns for management
A recent Medicare policy change has brought into critical focus the fact that hospitals and medical staffs have failed to be effective in reducing medical errors. The Centers for Medicare and Medicaid Services (CMS) announced that it would no longer pay hospitals for the extra costs of treating injuries, infections, or other complications caused by preventable errors
In every medical related case there are areas of the medical record that should be evaluated regardless of the type case or the surrounding circumstances. These areas of the record are important because they can contain key pieces of information about what did or did not occur during the care of that particular patient
Many attorneys have asked me to evaluate their clients who are first-time criminal defendants. Nearly all of these cases have involved crimes pertaining to sex with minors, although the basic idea of psychological mitigation is applicable to a wide variety of crimes