Professor Jeff Sedlik has decades of experience at the highest level of professional photography including advertising, corporate, editorial and stock. He is a respected and acknowledged authority on photography having served as Past National President of professional photography's leading trade organization, "Advertising Photographers of America". Professor Sedlik is also an experienced Expert Witness.
ATech Designs, Inc. is a five-time award winning Product Development, Design and Consulting company. They have worked with clients in many different fields of work including the Medical Product Device Design and Development industry. The types of medical products ATech Designs, Inc. has developed include medical disposables, medical devices, laparoscopic devices, anastomotic connectors, catheters, intravenous (IV) devices, mitral valve repair devices, non-invasive surgical instruments, and knitted multi-pole pockets for RF endometrial ablation. Services Include:
Product Design and Development
Finite Element Analysis (FEA)
Root Cause Analysis / Dynamic Mechanical Analysis
Expert Court Witness
Karl R. Leinsing, MSME, PE, President of Atech Designs, Inc., is a Professional Mechanical Engineer who specializes in Medical Device Product Development from concept to production. Mr. Leinsing has been granted over 20 patents (needle free IV valves, laparoscopic devices, needlescopic devices, suture lockers, catheters, mitral valve repair devices, knitting machines) and excels in solving the most complicated problems and design challenges. The winner of five design awards, Mr. Leinsing is recognized as one of the top 100 medical device professionals in the nation by MD&DI. For dedication to his industry, he was made the 2014 Chairman of the Medical Device and Manufacturing Conference in Anaheim, CA. Mr. Leinsing has also been acknowledged for his work in a publication by Life Magazine.
Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.
Dr. Randall Atlas AIA , CPP is a Registered Architect, NCARB certified, and he practices Criminal Justice Architecture and Environmental Security Design. Atlas is a certified protection professional (CPP) with the American Society of Industrial Security (ASIS), and is an appointed member of the ASIS Security Architecture and Engineering Committee. Atlas has his doctorate in criminology and a masters of architecture. Dr Atlas is a member of the American Institute of Architects (AIA) Architecture for Justice Committee.
Dr. Atlas has taught CPTED (Crime Prevention through Environmental Design) and criminal justice courses at Florida International University, Florida Atlantic University, and the University of Miami, Keiser University, and he is a trainer with the National Crime Prevention Institute at the University of Louisville. Dr. Atlas has been a technical Assistance consultant with the National Institute of Justice, National Institute of Corrections, and the Florida Department of Corrections and U.S. HUD Drug Elimination CPTED Program.
He has conducted ADA accessibility compliance audits for private and public sector clients, and served as an expert witness on over 200 premises liability lawsuits.
Dr. Atlas has been a speaker and trainer at security conferences from New Delhi, India to Seattle, Washington and has written over 200 articles in various publications on security, safety, and counter terrorism issues.
BETWEEN LATE 2009 AND MARCH OF THIS YEAR, a national baked goods chain with franchises in Broward County, Florida, experienced a series of nighttime burglaries that resulted in thousands of dollars in stolen cash and damaged property.
When it comes to the issue of safety in schools, it is important to remember that long before the students walk the halls, a design team creates the building and its grounds, envisioning the subsequent relationships with its occupants.
This is the first and only book of its kind dedicated to the contributions and importance of Crime Prevention Through Environmental Design (CPTED). It will educate the reader and design professional on the necessity of CPTED in reducing risks, threats, and vulnerabilities of and to our built environment post-9/11…
Barrington Capital Management, Inc. provides customized financial solutions for unique financial challenges and objectives. Their expertise is in the development, implementation and ongoing management of a customized and diversified investment strategy. Barrington's mission is to assist in building, enhancing, and protecting personal wealth and maintaining financial security.
President and Chief Executive Officer, Bob Lawson, has over 35 years of financial services experience as an Investment Advisory and Insurance Agency Executive, Securities Principal, and Options Principal. Bob proudly serves as an industry arbitrator for the Financial Industry Regulatory Authority (FINRA) and the National Futures Association (NFA), a Certified Fraud Examiner (CFE), ERISA (3)-21 Fiduciary, Master Registered Financial Consultant, and an Accredited Investment Fiduciary. In addition to teaching advanced investment strategies and Retirement Planning classes throughout the year.
Bob Lawson has special expertise in stock options and has presented the following Options Industry Council (OIC) seminars to retail and industry professionals throughout the United States:
In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person effecting or soliciting the sale of securities or investment products not held or approved with whom the broker is affiliated without prior written consent. FINRA regulators have seen a steady flow of selling-away cases over the years involving registered representatives who are being targeted by issuers, promoters and marketing agents to sell their nontraditional investment products to their retail customers. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person. In a significant number of cases, associated persons have sold these investments to their customers away from the broker-dealer and without firm approval as required by FINRA Rule 3270. Selling-away often occurs in an independent branch or a satellite office, where Associated Persons are removed from the day-to-day oversight and supervision of their brokerage firm's compliance department.
I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.
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.
ValueMyHorse is an Equine Valuation and Equine Consulting company specializing in Sporthorses and Performance Horses, Hunter / Jumper, Dressage, Eventing, Breeding, Reining, Cutting and Working Cow Horses.
Owned and operated by Bridget Brandon, ValueMyHorse is qualified to identify characteristics of different breeds and disciplines of horses. They have a thorough understanding of the appraisal business, are certified by, and follow USPAP Standards (Uniform Standards of Professional Appraisal. ValueMyHorse also adheres to IRS Federal Code of Regulations with respect to being “qualified” appraisers developing a “qualified” appraisal in accordance with AQB (Appraisal Qualifications Board). Equine Appraisals by ValueMyHorse compare such factors as purchase price, training, competitive records, breeding record, lineage, health, age, show records and market comparison.
Testimonials to the horse's character, health and potential performance from owners, trainers, judges, breeders, and veterinarians who are familiar with the horse are also taken into consideration when appraising a horse. Ms. Brandon understands how restrictions, markets, evidence, sources, comparisons, and intended use affect the outcome of each appraisal.
Consulting Services Provided For:
Fraud and Contract Disputes
Valuation for FDIC Secured Loans
Collateral for Lending Institutions
IRS Inquiries and Tax Audit Assistance
Comprehensive Retrospective and Prospective Valuation
Because the cost of a lawsuit is so steep, make sure your "horse transaction" is memorialized with a lawyer-prepared, well-written contract. The small contract prep charge will be a fraction of litigation expenses and heartbreak. If you cannot locate an equine attorney, an attorney specializing in contracts will work just fine. It always amazes me that written contracts are not demanded of every horse purchase or sale. Even on "small&qout; transactions…demand them in writing or do not do the "deal&qout;!
There are some very important preliminary questions you should always ask when buying a horse. These screening questions should be asked right up front. If at all possible, you should ask these questions initially on the phone prior to seeing the horse.
Open-ended horse deals are quickly coming to an end. Florida has a statute (Section 535.16 of the Florida Statutes) and the California Legislature recently amended a similar one that now requires written documentation for horse sales.
Ray Horak provides litigation support as a consulting expert and testifying expert in cases involving the Telephone Consumer Protection Act (TCPA), product/service misrepresentation, contract disputes, and intellectual property (patent, copyright, and trademark/service mark infringement) disputes, as well as issues of taxes and fees allegedly owed to 911 districts and municipalities. Those cases have involved a broad range of technologies, including Automatic Telephone Dialing Systems (ATDSs), text messaging, cellular, DSL, E911, fax, PBX, prepaid cellular, push-to-talk (PTT), videoconferencing, VoIP, and voice processing.
He also has performed numerous technical compliance reviews of the telephony systems that financial institutions and survey companies and their third party vendors employ in sales, collections, customer service and opinion polling. The objective of those engagements, several of which are ongoing, is to determine the specific nature and capacities (present, potential and theoretical) of the telephony systems (e.g., ATDS and PBX) and subsystems, the systems of record (i.e., databases), Customer Relationship Management (CRM) systems, Receivables Management (RM) systems, and any and all other peripheral systems, both premises- and cloud-based.
Ray is an Independent Consultant with a General Practice in Wireline and Wireless Telecommunications and Related Fields such as the Internet and Voice over IP. His 45 years’ experience includes management and executive positions with Southwestern Bell, CONTEL, and Executone. Ray authored the best-selling Communications Systems & Networks, (John Wiley & Sons), Telecommunications and Data Communications Handbook (Wiley-Interscience), and Webster’s New World Telecom Dictionary(Webster’s New World). Previously, Ray was Senior Contributing Editor for Newton’s Telecom Dictionary (12th through 21st Editions). He has written hundreds of technical white papers, case studies, articles, and columns for major print and electronic publications such as CommWeb, Computer Telephony, Datapro, Network World, The Prepaid Press, Teleconnect, and Telecom Reseller. Ray also has served as Technical Editor for several book-length works, including Deploying Secure 802.11 Wireless Networks with Microsoft Windows (Microsoft Press, 2003).
In the context of the Facebook v Duguid decision, considering all the issues it addressed and didn’t, clarified and confused, honest and conscientious actors have to be freshly concerned about TCPA compliance. That means checking all the boxes, doubling down on all the right things, and identifying and plugging all the holes in your call center operations.
Not particularly surprising to those of us who work in the TCPA domain or are impacted by it, the published articles, blogs and such are mostly, if not all, written by attorneys in the defendants’ bar. I reckon those in the plaintiffs’ bar like to keep their opinions, musings and strategies to themselves until the litigation process begins. I provided some TCPA background and context in a previous article, TCPA: Facebook v Duguid, but will repeat some of that here to refresh your memory.
The decision of the Supreme Court of the United States (SCOTUS) in the matter of Facebook v Duguid has been perhaps the single most anticipated in the realm of the Telephone Consumer Protection Act (TCPA), at least in the last decade or so, and all over a punctuation mark - a comma, to be exact.
The Telephone Consumer Protection Act (TCPA) was passed into law in 1991. At the time, consumers were plagued by sales calls which it seemed always came at the most inconvenient times...In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices...
Most of us know, at least in general terms, about the restrictions on unsolicited telemarketing calls to consumers and the national Do-Not-Call (DNC) list designed to end those annoyances...or opportunities, depending on your perspective. Just to refresh your memory, the TCPA states "It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system [ATDS] or an artificial or prerecorded voice
In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices thought to be invasions of privacy, Congress enacted the Telephone Consumer Protection Act of 1991 (TCPA), codified at 47 U.S.C. § 227.
An instant classic and a best seller, with more than 65,000 in print. It served as the basis for Horak’s more contemporary works, Telecommunications and Data Communications Handbook (2008) and Webster’s New World Telecom Dictionary (2007).
A comprehensive and authoritative telecommunications dictionary of more than 4,600 terms essential to a clear and thorough understanding of voice, data, video, and multimedia communications system and network technologies, applications, and regulations. Webster’s is an absolutely unimpeachable resource written by a recognized expert in the field. Webster’s enjoys great critical acclaim, as do all of Horak’s works.
The one book you’ll need to understand the entire telecom landscape, from copper to fiber, wireline to wireless, LANs to MANs to WANs, TDM to IP, AAL to Zigbee and everything in between. Written in a plain-English, commonsense style by an authority on the subject, this critically acclaimed book is at just the right level for the serious professional who wants to get at the whole truth—without the math.
Victor Republicano, Jr., CPA, CGMA is an accounting and consulting practitioner, who has provided professional services to business owners, corporate management, lawyers and their clients, since 1977. Mr. Republicano provides assistance in all phases of the litigation process, from strategy sessions early in the dispute, through settlement negotiations, and trial. Among his distinguishing achievements are his CGMA (Chartered Global Management Accountant) designation from the AICPA (American Institute of Certified Public Accountants); Diplomate status from the American Board of Forensic Accounting, and his Fellow status from the American College of Forensic Examiners, in addition to his affiliation with the Association of Certified Fraud Examiners.
Mr. Republicano has extensive experience in providing litigation consulting services and expert testimony in a wide variety of areas. His litigation consulting projects have included damage assessment and analysis, inspection and reconstruction of accounting records, pre-trial preparation, expert testimony, witness preparation, courtroom assistance, and post-trial consultation with counsel. He has served as an expert witness in over 100 cases, including matters in state and federal court, administrative proceedings, and alternative dispute resolution forums.
Mr. Republicano is experienced in small business consulting, accounting and auditing, publicly traded companies, and litigation services. His industry experience includes: Ag-Chem, Construction, Distribution, Financial Institutions, High-Tech, Manufacturing, Network Marketing, Non- Profit Organizations, Professional Services (Architects, Engineers, Law Firms, etc), Securities and Retail. Mr. Republicano has assisted a variety of companies with IPO's, private placements and statutory filings with the Securities and Exchange Commission. He also has provided extensive consultations to entrepreneurs and others and other non-public business owners regarding mergers and acquisitions, inventory control systems, credit and collections management, and property lease analyses.
Litigation and Other Services:
Alternate Dispute Resolution (Mediation, Referee, Special Master)
Damage Calculations and Assessment
White Collar Crime
Investigative Services (accounting, finance, business and trade practices)
DataChasers, Inc. is a select, exclusive Computer Forensics and E-Discovery company. With Computer and Cell Phone Forensics and E-Discovery as their core focus, they offer strategies and provide alternatives so that clients are aware of all options to make more informed decisions.
DataChasers, Inc. provides an initial evaluation at one rate regardless of hourly time/rate that includes a review of the initial reports, search warrants, written evidence, and a consultation regarding the strengths and weaknesses of each case.
Cell Phone and Device Forensics
Forensic Computer Examinations
E-Discovery Exams - Electronically Stored Information
Intellectual Property & Copyright
Employment Law & Civil Rights Cases
Computer Forensics Training - DataChasers, Inc. also provides California State Bar approved MCLE presentations for MCLE credits.Topics include Computer Forensics, Intellectual Property, Criminal Defense, Family Law, and Computer Forensics Presentations, Presenting Electronic Evidence at Court, and How to be an Expert Witness.
Matthew Albee, CFCE, EnCE, SCERS is a Computer Forensics expert with over 20 years of experience in his field. He currently serves as project manager and lead examiner on computer forensic and e-discovery cases for DataChasers, Inc.
Background Experience - Since 1996, Mr. Albee has been a Special Agent for the State of California Franchise Tax Board and the Board of Equalization where his responsibilities include equipping and maintaining the computer forensic laboratory, and conducting investigations that involved financial and computer crimes. Since 2012, he has served as a Course Evaluator /Subject Matter Expert for the Office of Anti-Terrorism Assistance (ATA), Diplomatic Security Service, United States Department of State.
Peter Wade had a 32 year career with the U.S. Postal Service retiring in 1993 as Assistant Regional Chief Postal Inspector, Northeast Region, with responsibility for implementation of the criminal investigative and security programs of the Postal Inspection Service in the Northeastern United States, Europe, and the Caribbean.
Mr. Wade also served as General Manager/Postmaster Caribbean Division, USPS, supervising 3,500 postal employees in Puerto Rico and the U.S. Virgin Islands. In that capacity, he was responsible for all postal operations in the U.S. Caribbean from 1989 through 1991.
Litigation Support - Peter Wade is a Federal court qualified expert in Postal Procedures and Postal Inspection Service policies, investigative methods and techniques. He has provided expert opinions concerning U.S. Postal Service, rules, and procedures in numerous federal and state jurisdictions in criminal and civil cases since 1994 through 2017.
Federal Jurisdictions include the Districts of Connecticut, New Jersey, Southern District of New York, Northern District of New York, Southern District of Florida, Eastern District of Pennsylvania, Northern, Eastern, Central and Southern Districts of California, Eastern and Western Districts of Washington, Western District of Missouri, Middle District of Georgia, Western District of Tennessee, Northern District of Texas, etc.
State Court testimony include jurisdictions in Florida, California, Pennsylvania, South Carolina, Texas, Oregon, Kansas, Louisiana, and Arizona.
Formerly, USPS Tracking for Certified Mail provided a) the time and date of delivery, b) the exact delivery address, c) the name of the recipient, d) the signature of the person who accepted delivery of the item. USPS Tracking information no longer provides Tracking beyond the date of delivery and the ZIP Code area to which the Certified Mail item was delivered.
USPS technology affords every customer the ability to document the date that mail addressed to them is available for delivery. The Postal Service takes an image of each standard sized piece of letter mail that will be delivered to every address in the United States every day.
Both plaintiffs and defendants are often frustrated because official USPS records of the disposition of Certified Mail are only retained for two years. Often, litigation in a matter does not even begin until more than two years after the situation being litigated have passed.
Dr. Ron Martinelli, PhD, CMI-V, is a nationally renowned Forensic Criminologist and a federal/state courts qualified law enforcement and premises liability expert who is also a Certified Medical Investigator (physician's level). He is also a Certified Suicide Investigator.
Dr. Martinelli directs the nation's only Forensic Death Investigations & Independent Review Team of 26 law enforcement, forensic and medical experts and specializes in officer-involved death cases, civilian self-defense shooting cases and premises liability/security cases. He is a forensic/law enforcement expert to the U.S. Department of Justice, several State Attorney Generals' Offices, numerous major municipalities and nationally prominent private law firms specializing in wrongful death, civil rights and premises liability.
Dr. Martinelli is the prevailing expert in over 90% of his retained cases. He has saved defendants over $300M and earned plaintiffs over $160 million in jury verdicts and settlements since 2004. He is the media's go-to forensic expert for FOX News, One America News Network, CNN, HLN, Sky News, BBC, NPR, and the History & Discovery Channels. Dr. Martinelli is skilled in crime scene reconstruction, forensics, applied sciences, human factors, psycho-medical emergencies and premises liability and security cases. His unique and extensive field experience, combined his academic and scientific credentials, excellent written reports and persuasive testimony, make him a very appealing expert to attorneys and juries alike.
Areas of Expertise:
Search & Seizure
Use of Force / Excessive Force - All Levels and Weaponry
Officer Involved Shootings(OIS)
Law Enforcement & Corrections Practices, Training & Supervision
Officers throughout the United States and perhaps internationally have heard use of force instructors discuss the "21 Foot Rule" during their officer safety, firearms and deadly force training. As both a use of force instructor and practicing forensic police practices expert, I have also trained and testified to this concept myself.
On a hot July day, fire and police are called to the home of a 55 year old man suffering from heat stroke. Police arrive first and find the man sitting on a bench in his front yard. When the officers approach the man and ask him to give them his cane, he becomes agitated and non-compliant. One officer suddenly grabs the cane away from the man, who screams and suddenly stands up. The man is tased, taken to the ground, beaten and handcuffed. He is transported to the hospital where ER physicians confirm a diagnosis of heat stroke. The man has no criminal history. He sustains numerous moderate injuries which keep him from returning to work for several weeks. The officers and agency are sued and settle out of court.
An officer detains an active parolee gang member for questioning, and during the detention, the suspect suddenly runs. The officer chases the suspect for two blocks, observes the suspect to be grabbing into his shorts pocket.
On November 5, 2010, Superior Court Judge Hon. Robert Perry sentenced former BART Police Officer Johannes Mehserle to two years in state prison for the January 1,2009, accidental shooting death of 22-year-old Oscar Grant at the Fruitdale BART station.
San Francisco Police officers respond to a call of an agitated mentally disturbed and disabled man in a wheelchair wielding a knife and vandalizing parked cars on a downtown city street. A group of at least six uniformed and plain clothes officers locate and surround the man who remains seated in his wheelchair. The officers' initial attempts to communicate with the angry, apparently delusional and armed man prove ineffective.
A facts-based introduction to the controversial and militant Black Lives Matter political organization and movement written by a nationally renowned forensic criminologist who has been involved in many of the nation's most publicized police-involved death cases. Learn about the movement's founders, ideology, funding sources, surrogates, radical goals and objectives to disenfranchise law enforcement and usurp the rule of democratic law. Several infamous police death cases forensically explained and numerous false narratives of the movement are factually destroyed with explanations of the actual circumstances. This is a powerful, vetted "go to" reference source for researchers, the media, law enforcement and those interested in this radical movement.
Security Systems and Electronics R and D Consultant James Parker
James Parker has over 35 years of relevant industry experience specializing in Electronic Security Systems & Sensors, Electronics R&D and New Product Development. With executive and strategic leadership skills, Mr. Parker served as a principal product architect, is highly credible with customers, distributors, and suppliers. He is a prolific inventor having been granted over 24 unique patents with approximately 80 patent documents published worldwide. Mr. Parker is the Past Vice President of Engineering for Digital Security Controls Ltd. (DSC), a leading global manufacturer of electronic security systems and components with sales exceeding $400 million annually. He is currently the President at EE-Systems Group Inc. Canada (R&D) where he is responsible for overseeing new product and business development.
Consulting Services - Mr. Parker's consulting services include identifying patent filing opportunities while avoiding infringement risks. He has in-depth knowledge of electronic product design in both Wired and Wireless Technologies and outstanding knowledge of Environmental and False Alarm Immunity.
Mr. Parker also has expertise in the research, development, design, and manufacturing of electronic based products such as Security Systems, Burglar Alarm Systems, Intrusion Detection Systems, Occupancy Detection Systems, Fresnel and Mirror Optic PIR (Passive Infra-Red) Motion Detectors, Microwave Doppler Motion Detectors, Solar Powered, Motion Controlled, LED illumination Systems, and similar devices.
Michael D. Pakter CA, CPA, CFE, CIRA, CDBV, CFF, MAFF, CVA, CGMA focuses on accounting, forensic accounting, financial analysis, financial forensics, economic damages, business valuation and investigations. He has experience in lost profits / earnings, business interruption claims, analysis of financial transactions and balances, Court-ordered accounting, bankruptcy, fraud examinations, investigations and the reconstruction of incomplete, misstated and/or falsified financial information.
Litigation Support - Mr. Pakter provides consulting and litigation support services to trial lawyers, trustees, examiners, receivers, business owners and managers and units of federal, state and local government. Many engagements combine financial analysis, economic damages determination, valuation issues, tracing procedures and/or other applications of Financial Forensics to assist in resolving complex commercial litigation and business disputes.
Experience - Mr. Pakter has more than 40 years of experience in forensic accounting, investigations and litigation services in numerous industries and diverse engagements, including more than 20 years of experience in economic damages and business valuations. State, Federal and Bankruptcy Courts, as well as arbitrators, have recognized me as an expert in forensic accounting, economic damages, business valuation, CPA malpractice and bankruptcy core proceedings. Mr. Pakter is a Certified Public Accountant with multiple additional certifications in economic damages, financial forensics, business valuation and bankruptcy core proceedings. He focusses his professional practice on forensic accounting, lost profits, lost earnings and other economic damages, business interruption, fraud/financial investigations, bankruptcy core proceedings and litigation support.
The purpose of this article is to introduce the reader to the new Revenue Recognition Accounting Standard (the Standard) issued jointly by the U.S. Financial Accounting Standards Board (FASB) and the UK-based International Accounting Standards Board (IASB) and to consider the Standard’s impact on financial analyses prepared by practitioners performing business valuatio
The choice and use of an ex-ante or ex-post analysis can lead to divergent results in protracted litigation. The article provides an illustration of how and why the results may differ. Litigation consultants are advised to consider the above and await instruction from legal counsel regarding the approach that needs to be taken.
The purpose of this article - the third of three (Part I and Part II) on this topic - is to provide the reader with an understanding Chapter 3 (What Constitutes Best Evidence) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best evidence to support economic damages in a court of law
In this second article on AIRA Standards, the author discusses unique issues valuing distressed companies. These include the standard of value used, the premise of value, the intended use of the valuation, and cost of capital.
It is essential that creditors, managers, and shareholders - as well as the attorneys who advise them - timely identify and respond to signs of a company’s financial distress. Financial distress, according to Investopedia, “is a condition in which a company or individual cannot generate revenue or income because it is unable to meet or cannot pay its financial obligations
The purpose of this article—the second of three on this topic—is to provide the reader with an understanding of Chapter 2 (Costs) of the 2018 Practice Aid as well as certain other publications containing a body of knowledge on the best practices for developing “avoided or saved costs,” sometimes referred to by the courts as incremental costs.
The AICPA has issued two practice aids, one on 2015 and most recently in November 2018, focused on the calculation of economic profits and damages. The purpose of this article—the first of three on this topic—is to provide the reader with an understanding of Chapter 1...
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.
This is Part 1 of a two-part article. This part discusses valuations of distressed debtor companies based on discounted cash flows and considers the impact of the date and stage of distress. Next month, Part 2 will describe how the financial analyst derives the cost of capital for a distressed debtor company.
Financial experts are frequently asked aboutthe tax impact of damage awards, both paidand received. The complexities of the InternalRevenue Code (IRC) and judicial interpretations thereofmake determining the taxability of receipts or payments difficult.The same is true when dealing with the taxability of economic damages awarded to plaintiffs in civil actions. Nuances in the IRC and the judicial interpretations may make it difficult for a taxpayer to determine the taxability of his or her proceeds from a litigation award of personal economic damages. Whether or not such is taxable often depends on how the award of economic damages is categorized and/or described in the awarding documents.
Mr. Bad Actor is a 61–year-old male who is the senior executive of the Unlucky Transportation Company. He has been in that position for more than ten years. Before his employment at the company, he worked for a series of unsuccessful transportation companies, where both he and other stakeholders lost most of their investment. He has ongoing legal and financial problems resulting from these prior business failures and from his failed marriage.
A senior clinical faculty member at Harvard Medical School, Harold J. Bursztajn, M.D., is active in patient care in medical, psychiatric and judicial education nationally. He is qualified in both state and federal courts and is nationally recognized as a distinguished impartial, clinical, ethical and forensic expert to P/D attorneys and institutions. Individual and multispecialty team consultations available.
Informed Consent & Malpractice
Employment Litigation: ADA, Disability, Sexual Misconduct Discrimination, Worker's Compensation
Recent Supreme Court decisions emphasize the need to regulate the admissibility of expert testimony by means of standards that require opinions going beyond ipse dixit; that is, that are based on more than the fact that the expert "said it him/herself
Healthways Services, is a small clinical practice that offers a wide variety of Health and Human Service programs, which are designed to help individuals and organizations achieve unparalleled successful outcomes. The program is called "Project S.T.O.P. (Self Taking On Prevention)." Dr. Lowery, educate, counsel, provide hope, empower, and encourage clients/patients while they work toward achieving excellent success.
Counseling services provided are:
Assistive Technology Evaluations
Catastrophic Case Evaluation
Health Education & Disease Prevention
Earning Capacity Evaluation
Medical Life Care Planning
Expert Testimony on a variety of health topics
Medical Bill Review
Employment Support/Job Placement
Veteran's Disability Issues
Formulate Opinions on Independent Medical Examinations
Dr. Christopher A. Lowery, DHSc, CLCP is a Clinical Health & Rehabilitation Consultant with a special interest in helping individuals and organizations on global health issues. Since 2002, Dr. Lowery work emerged primarily with a global health focus and the passion to counsel, educate, empower and provide hope to individuals and organizations that need outstanding tough results in the delivery and evaluation on medical catastrophic injury cases.
He currently hold the following degrees at University of North Texas, Bachelor of Science in Rehabilitation Studies (07); University of Oklahoma, Master of Arts in Human and Health Administration Services (10); Capital University Law School, Post-Specialty Certificate in Life Care Planning (12); University of Arkansas at Little Rock, Post-Master's Certificate in Rehabilitation Counseling (14); and Nova Southeastern University, Doctor of Health Science in Global Health (16).
Dr. Lowery primary initiative focuses on the interface of mental health, medical, psychological and psychosocial aspect of disabilities by helping clients/patients understand their individual barriers and enablers, and targeting long term life care planning that should increase health improvements. The two main approaches are cognitive and reality therapy approaches, which will prevent poor health, injury outcomes, and improve good health and enhance quality of life.
**If you have a case that needs Dr. Lowery's expertise, please feel free to give his office a call for a free consultation.
Frederick Heath has over 40 years personal experience in management, consulting and expert services in the fields of design, manufacturing, testing of hydraulic, pneumatic and electro-mechanical lifting and load bearing machines, equipment and devices.
Industry Experience includes automotive, construction, industrial, material handling, warehousing and transportation.
Forensic Engineering includes product liability, accident investigation, reconstruction and expert testimony,
Incidents involves industrial trucks, aerial work platforms, forklifts, telehandlers, tuggers, pallet jacks, automatic storage and retrieval systems, dock boards, dock levelers, trailer restraints, trailer jacks, racks, conveyors, overhead bridge cranes, trucks, shop cranes, scissors lifts, shop cranes, automatic doors and lift gates.
Heavy Equipment involves telehandlers, powered industrial trucks, automatic storage and retrieval systems, gantry cranes, truck cranes, tower cranes, cranes with hydraulic booms, cranes with lattice booms, grapple and magnet equipped excavators, and side boom cranes.
Conformity issues involves environmental, health and safety, warnings, instructions, training conformity with recognized standards, codes, industry practices and government regulations.