Maureen Clark, SPHR,President of Three Sixty HR, Inc., began her Human Resources career in finance and Fortune 100 manufacturing. Ms. Clark has been consulting in Human Resources for over 30 years serving more than 200 clients in the high tech, manufacturing, services, not-for-profit, education and public sectors.
Ms. Clark is particularly skilled at analyzing difficult workplace problems and creating win-win outcomes. Her practice has expanded to include HR investigations (PI#27972), litigation consulting and expert witness testimony for both plaintiffs and defense. Ms. Clark is a member of the Society for Human Resources Management, the Northern California Human Resources Association, the Association of Workplace Investigators, and the Forensic Expert Witness Association.
Expert cases have included allegations of:
Age and Pregnancy Discrimination
Adequacy of Employer’s Response to a Complaint of Discrimination,
Failure to Accommodate a Disability
Adequacy of Employer’s Response to a Complaint of Sexual Harassment
Negligent Hiring
Wrongful Termination
Constructive Discharge
Failure to Comply with Meal and Rest Period Requirements
Failure to Pay at Termination
Discrimination Based on Disability
Adequacy of Investigations
Liability for a Tort Occurring During the Course of Employment
Stephen M. Raffle, M.D. is double Board-Certified in Psychiatry and Forensic Psychiatry. Dr. Raffle has over 49 years as a clinical and forensic psychiatrist offering his expert opinion in Federal and State jurisdictions nationwide. In addition to serving as an expert witness, Dr. Raffle consults to attorneys, judges, insurers, and to employers regarding Fitness for Duty and Risk of Violence (Threat) Assessment:
5000+ psychiatric assessments
Expert testimony in 700 depositions and trials
Successful clinical practice
The job of an expert witness is to educate a jury, judge, attorney, and trier of fact about the forensic psychiatrist's conclusions and how those opinions were derived in a manner well-reasoned, skillful, and easily understood by every person, not only another forensic psychiatrist. In short, an educator. Dr. Raffle’s experience as an educator extends well beyond a forensic venue, yet underpins the key to his ability to explain his opinions.
Prof. of Psychiatry, UCSF Medical School, 20 years
U.C. Hastings College of the Law postgraduate course "Trial and Appellate Advocacy" instructing seasoned attorneys about the direct and cross-examination of expert witnesses, with special focus on mental health experts and licensed medical professionals, Psychiatrists (MDs), Psychologists (LCSWs / MFTs), and physicians in other medical specialties, 11 years
Stephen M. Raffle, M.D. & Associates' expertise is well-established in forensic assessment in the areas of:
In order for a medical opinion to be admissible as evidence in civil, criminal and administrative cases, the basis of the opinion must fulfill either the Daubert Criteria or the Frye test, depending on the jurisdiction. The judge of the court rules on the admissibility of the expert opinion. The effect of Daubert has been to limit expert testimony to opinions which are based on a scientific foundation. Daubert specifies that adequate scientific support and method and a known error rate must exist. The testimony of a mental health expert rendering an opinion using criteria which does not meet Daubert standards is weakened by the implication that it is not based on "sound science." In some instances, for example, a mental health expert uses an approach where there are no peer-reviewed studies or methods, such as when psychologists compose their own neuropsychological test batteries. In most cases where an attorney is considering a "Daubert challenge," a contemporaneous and up-to-date literature search is indicated. Also, extensive case law presently exists as to specific issues. Being familiar with the Daubert criteria enhances effectiveness in challenging a mental health expert's opinion, whether on voir dire or cross examination. On direct examination, the strengths of an opinion reached under Daubert criteria become a "teaching moment" for the trier of fact, because it will be founded on the science of mental health assessment.
Undue influence occurs when the testator's freewill and freedom of choice in the disposition of the assets of his or her estate is replaced by the substituted judgment/wishes of another. This can apply to creating a will, codicil to amend a will, trust or other legal instrument.
The medical expert cannot express an opinion about the ultimate question to the trier of fact: how much is the plaintiff's emotional distress (emotional injury) worth in dollars? Yet when the question of these monetary damages is put to a jury, their deliberations are better-served if considered in the context of a Forensic Psychiatrist's knowledgeable findings and testimony.
My teacher and mentor, Dr. Bernard Diamond, pondered the question about the role of the psychiatric expert and other experts in the courtroom. My first public presentation was to the American Criminology Society on this topic, and it has continued to occupy my attention to the present
All psychiatric reports evaluate something, but not always the same thing. For example, eligibility for benefits, or fitness to do a job. To make sense of the report, the reader must determine what is being evaluated and how it is being done
In civil cases where emotional distress is alleged, it often occurs that the plaintiff’s attorney designates the treater as his expert. Usually the argument is that the plaintiff’s own therapist has spent many more hours with the plaintiff than the defense expert and therefore "knows" the plaintiff better. The treater often agrees with this reasoning
As a highly professional & credible Expert, Consultant, & Speaker, Jean Seawright has provided trusted advice & HR Consultation to thousands of organizations nationwide. As president of Seawright & Associates, a Human Resource Management-Consulting Firm, Ms. Seawright is widely respected for her knowledge of state & federal employment regulations including, but not limited to FLSA, ADA, FMLA, Title VII, & others. Since 1987, she has focused on engagements involving hiring, coaching, & terminating employees; regulatory compliance; charges of discrimination; performance management systems; internal investigations (including harassment); employee handbook development; compensation plan design; HR audits; hiring systems; job descriptions; & others. Ms. Seawright is a frequent speaker at state & national trade associations & is the author of numerous articles & publications in the field of human resources, including the popular book, The Employment Genie®, an exclusive hiring, coaching, & termination system for businesses.
Areas of Expertise:
Negligent Hiring and Retention
Discrimination and EEO Compliance
HR Policies and Programs
FLSA and Wage and Hour Compliance
Harassment
Expert Witness Services for Employment Law Matters
ADA
FMLA
Hiring Procedures
Title VII
Employee Handbooks
Ms. Seawright is available for case analysis, case theory evaluation, expert witness reports, depositions, analysis of other expert testimony, and trial testimony.
Now you can own a complete human resource department ‘in a box!’ Worried about hiring, coaching, and terminating employees legally and effectively? As a business owner, you know that one bad hire or poorly executed termination can bring your business to its knees. Finally, there’s a solution! With The Employment Genie® system, you can hire smart, reduce turnover, limit liability, and implement consistent employment practices!
Rose Porterfield Group (RPG) has over 30 years of experience providing Business Performance and Human Resource services. As experts in human behavior, we provide litigation support strategy and testimony for attorneys and corporations. Offering unbiased, detailed, and objective expert opinion on all aspects of human behavior in the workplace, we can help determine the facts, motivations, and human factors involved in the case.
Forensic and Expert Testimony Cases Include:
Sexual Harassment
Workplace Injury
Discrimination
Retaliation
Wrongful Termination
Robyn W. Porterfield, PhD - Managing Principal at RPG, spent over ten years in sales and marketing prior to completing her PhD in Industrial Psychology. While completing her PhD, Dr. Porterfield served as Director of Client Services for a Texas-based on-line psychological testing firm, consulting to management on such issues as individual and team fit, conflict resolution, hiring, coaching, and management succession planning.
As a consultant, Dr. Porterfield has assessed executives in such diverse industries as financial management, food service, telecommunications and retail. For five years Robyn and Bob co-wrote a column for the Dallas Business Journal titled, C-Level Coach. Robyn is also a professional mediator and currently mediates for Dispute Resolution Services of Tarrant County, Texas.
Robert G. Rose, PhD, Principal at RPG, received his PhD from Florida State University. Since 1976 he has served as consultant to organizations in virtually every industry including health care, retail, IT services, manufacturing, construction, aviation, and many others. In his over 30 years as a consultant, Dr. Rose has encountered virtually every problem that an organization can experience, and has seen that good teamwork - from hiring to development - always benefits both the individual and the company.
Bob is the author of numerous articles on communication, crisis handling, and conceptualizing purpose and culture within organizations, and his books on consulting are required reading by major corporations..
As an employment attorney, or perhaps as General Counsel for your organization, you have probably been fielding more and more questions about bullying in the workplace-we certainly have. While bullying isn't illegal - yet - you also probably know that it costs a lot in terms of its effect on production. Plus, you know it's not right-not really. So, what's the right approach? Our rule of thumb is not to overact to simple, appropriate work behavior, but you also can't put up with bullying either. We'll share some examples from our practice; see if any of these sound familiar.
If you are the CEO or General Counsel of your company, you should be preparing for a new challenge. The gaining momentum of the #metoo movement means there will likely be an increase in sexual harassment complaints. Raghu and Suriani certainly think it's already happening (#METOOWHATNEXT: Strengthening workplace sexual harassment protection and accountability, nwlc.org, 2017.), and our clients are certainly calling us more often to investigate claims. To better prepare, here are some suggestions we urge you to consider.
Let's say you have Bill who is a good guy in many ways but he can be a grouch. He is particularly likely to nag the young female accounting staff for inquiring about his expense reports. He looms over them and talks loudly sometimes shaking his finger, and using occasional mild profanity. You've talked to him and he always gives a half-hearted sheepish apology - and then does it again the following month.
Almost all of us have been to the yearly company football game, company barbeque, or happy hour. Organizations often think these events create closeness, trust, a sense of "teamwork", or even a sense of family. We love a good burger and a beer as much as anyone but in our experience the injuries, harassment and other complaints that can come from company social events may cause problems for employers. And we find that the defense that the events were "voluntary" may not hold up.
This book discusses testing as a critical aspect of the hiring process. Dr. Rose presents a clear, concise picture of the real issues and advantages in testing in an easy to read enjoyable format.
Howard is one of America's most sought after Restaurant, Bar, Food, & Beverage Industry Experts in the country. With over 32 years of experience, Judges & Juries respect Howard's industry expertise in regard to his restaurant expert witness& restaurant litigation support services - having provided expert witness testimony, opinions, and reports in both State & Federal Cases for Plaintiffs & Defendants.
• Federal Certification with 29 CFR 1910 from the Occupational Safety & Health Administration
• Certified Forensic Consultant (CFC)-the American College of Forensic Examiners
• Hazard Analysis & Critical Control Points Manager Certification (HACCP)
• National Environmental Health Association Certification • ServSafe Food Safety
• On-Premise Alcohol - TIPs 2.0
Nationwide Services - NO CHARGE for Domestic Travel
250+ Litigation
300+ Pre-Litigation
State & Federal Cases - Plaintiffs & Defendants
Restaurant, Bar & Hospitality Industry Matters - Since 1987
Highly-recognizable books, "The Complete Idiot's Guide to Starting A Restaurant" (1st & 2nd Ed) and "Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards & Best Practices", found in 76 countries around the globe.
Howard Cannon - Restaurant Expert Witness
With 250+ Litigation and 300+ Pre-Litigation cases as a Restaurant Expert Witness, Food Safety & Contamination Expert, and Restaurant & Bar Safety & Security Expert, Howard provides Credibility, Integrity, and Unbiased Analysis & Reports. Howard is well-spoken - having given hundreds of restaurant, food service & hospitality industry speeches and seminars, and is quite comfortable in any court of law. He is a published author/experienced writer with books & articles published in dozens of markets around the globe - delivering clear & concise expert reports with an effective and efficient opinion & basis. Howard NEVER misses a deadline – his expert witness reports & opinions are always on time.
Did you know that restaurants are more likely to experience workplace violence than any other industry in America? In this article we will help you find out why restaurants are so prone to violence, what leads to violence, the practical steps to help make restaurants safe, and the insider information that you need when dealing with one of these legal matters.
OSHA guidelines, standards and safety rules apply to nearly every restaurant industry legal matter and it is a whole lot more than the little bit of text on the OSHA wall poster. Your case will more likely than not depend on the standards applied and whether or not you know the standards and how best to apply them to your legal matter as it pertains specifically to restaurants.
If you have a pending lawsuit that pertains to a restaurant or bar industry legal matter, you need to know what "shared space" is, and how it applies to your underlying legal matter, and the role that OSHA guidelines, codes and safety rules will have. Shared space is an industry specific formula and will impact the standards that you apply and could be the difference between winning or losing your case.
Compiled from more than 1,000 hours of research and statistical analysis, Restaurant OSHA Safety and Security was written to help provide restaurant owners, managers, executives, employers, employees, and vendors what they need to know about OSHA and industry standards and best practices in simple language, so they can concentrate on being successful and making money.
In this revised edition, aspiring restaurateurs will find everything they need to know to open a successful restaurant, including choosing a concept and location, creating a business plan, finding the cash, and much more. New content includes information on tips, tip-outs, and reporting for the entire staff, choosing the best POS system, setting up a bar and managing the wine list, and making the bottom line look good long-term.
Jeffrey S. Kane, PhD, is an Organizational Psychologist (Ph.D., The University of Michigan, M.A. University of Minnesota) with extensive education and experience in the use of statistical methods, data analytic computer programming, and the design of research and evaluation projects.
Dr. Kane has conducted the design and/or statistical analysis for hundreds of research studies worldwide in fields ranging from psychology, human resource management, medical science, biology, engineering, operations research, linguistics, finance, and economics. Many of these studies have been published in major journals, accepted as dissertations, or implemented to improve the operations of businesses. He has furnished industrial/organizational psychology consulting services to numerous public and private sector organizations in the areas of performance appraisal & management, employment selection, compensation, and employee surveys.
Litigation Support: Since 2006, Dr. Kane has been providing statistical analysis, research design, mathematical modeling, management science, and litigation support/expert witness services to clients worldwide through his firm, Professional Statistical Services. Dr. Kane has served as an expert witness in legal cases in which he was called upon to provide extensive statistical analysis and expert testimony related to:
Employment Discrimination - Wrongful Termination - Wage & Hour Law - Staffing Issues (including alleged overbilling of gov't agencies) - Compensation - Pay Systems
Ideal Client Engagement: An extremely creative problem-solver, Dr. Kane's clients have included corporations, public sector organizations, plaintiffs, or defendants in legal cases involving issues amenable to statistical analysis or relevant to his expertise in the fields of Human Resources Management, industrial/organizational psychology, and psychometrics.
Glen D. Skoler, PhD is a Clinical and Forensic Psychologist with over 25 years of experience in court evaluations and testimony. Dr. Skoler is licensed to practice in Pennsylvania, New Jersey, Maryland, Virginia, and Washington D.C. He has been qualified as an expert witness in clinical and forensic psychology in several state courts and in Federal U.S. District, military, and immigration courts. Dr. Skoler's clinical psychology practice also provides psychotherapy and psychological testing in Pennsylvania and New Jersey.
Dr. Skoler's forensic psychology practice provides court evaluations, testing and expert witness testimony in criminal, civil, juvenile court, military, immigration, employment, and domestic relations cases. State and Federal court cases are accepted from around the nation, particularly in the tri-state area of Pennsylvania, New Jersey and New York, as well as the tri-state area of Washington DC, Maryland, and Virginia. His services are offered equally to defense, prosecuting, county, family law, and civil litigation attorneys.
Dr. Skoler's additional specialized areas of expertise include political and relationship-related threatening and stalking, false confessions, abuse allegations and interstate and international child abduction/retention cases. Dr. Skoler served as a contributing author and expert panel member for the ABA's Benchbook on Psychiatric and Psychological Evidence and Testimony. He has consulted with or presented to the Federal Judicial Center, the U.S. Secret Service, the U.S. Senate Chaplain, the National Center for Missing and Exploited Children, the American Bar Association and CIA/NSA psychology staff. He has published or been cited in the Washington Post, NPR, The Philadelphia Inquirer, The Huffington Post, CBS 48 Hours and on NBC and Fox news affiliates.
Forget Jon Snow. President Trump's race-baiting diatribe to purge the NFL of the black "sons of bitches" protesting civil rights injustices is compelling NFL Commissioner Roger Goodell to make a fateful decision.
Charles Taylor is a partner at Lang, Richert & Patch specializing in federal civil litigation. He has represented clients in areas such as Civil Rights, Government Contracts and Leases, Insurance Coverage, and Business Litigation in various federal district courts around the United States, in adversary proceedings in the bankruptcy court, and before governmental administrative boards.
Mr. Taylor specializes in all aspects of Employment Law, including sexual harassment, discrimination, and wrongful termination. He has represented local and national clients on various employment issues before the Labor Commission, Department of Fair Employment and Housing, Equal Employment Opportunity Commission, and Employment Development Department. In addition, he advises employers on preventing employment relations problems and on developing personnel policies and procedures.
Illustrative Case:
Engaged by bakery to defend against civil complaint filed by Department of Justice for alleged violations of Clean Air Act with over $3 million in potential penalties. Successfully negotiated dismissal of the case without penalty
Engaged by local concessionaire on government owned property after improper termination of lease. Actions litigated in both federal district court and before Contract Board of Appeals. Prevailed on entitlement issues after an 8 day hearing
Successful settlement on quantum before trial for in excess of $1.3 million
Successfully defended on summary judgment large grocery store chain by four female employees claiming sexual harassment and gender discrimination
Successfully defended regional employer for alleged wrongful termination in violation of public policy, fraud, tortious bad faith, and intentional infliction of emotional distress
Dr. Jane K. McNaught, PhD is a locally and nationally recognized Forensic Psychological Expert specializing in Post Traumatic Stress Disorder with adults and children. Over the course of her more than 35 years of practice, she has worked with both Defense and Plaintiff attorneys and has also been a Court appointed expert. Dr. McNaught has administered more than 1700 psychological test batteries and testified on over 500 occasions as a forensic expert in the areas of: Civil, Criminal, and Family Law. She also provides trial consultation for attorneys. Dr. McNaught has been qualified and testified as an expert in PTSD, for both the U.S. Army as well as the U.S. Navy. In addition she has testified as an expert in both District and Federal court. Dr. McNaught practices in the areas of Civil, Criminal, and Family Law cases involving trauma to both adults and children.
In the Civil area, Dr. McNaught is frequently hired as an expert when there are allegations of Emotional Damages involving Post Traumatic Stress Disorder (PTSD). Dr. McNaught has been hired in cases of alleged sexual misconduct within institutional settings such as: Schools, Churches,, Treatment Centers, Hospitals,Residential Centers for the Handicapped, Jails and other Police alleged violations.The following are cases where Dr. McNaugth has been an expert: Motor Vehicle Injuries/Death; dog bite; amputation; burns; electrocution. Dr. McNaught has also been anexpert in Medical Malpractice Cases ,Wrongful Death, and Infant Death cases. Employment Law Experience in cases involving Age or Sexual Harassmen,t where PTSD is alleged.
In the Criminal area, Dr. McNaught is hired by both the Prosecution as well as Defense in cases involving Sexual Misconduct. She also conducts evaluations of Defendants in criminal cases where Underlying Psychological Conditions may impact sentencing. Dr. McNaught has also been obtained as an expert to evaluate the reliability of statements obtained from alleged victims of sexual assault. When doing so, Dr. McNaught addresses the following: Recantation, Memory Research, and the Standard of Care for Interviewing Victims of Sexual Assault.
In the area of Family Law, Dr. McNaught specializes in High Conflict Dvorce and conducts Custody Evaluations as well as Evaluations regarding: Relocation; Endangerment; Factitious Disorder by Proxy; Parental Capacity; and Parental Alienation.
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.
When divorce occurs in the family, an inevitable loss occurs in the lives of the parents as well as children. Positive adjustment to divorce comes when both of the parents as well as the children develop healthy coping methods to deal with the loss. This enables both parents and children to move forward with their new lives. Unfortunately, many parents who suffer from their own disturbed attachment history or mental health issues, are unable to put aside their anger and constructively cope with the loss. In such cases, parents often undermine the children's relationship with the other parent, in order to express their own unresolved parental anger and sadness about the divorce.
Formerly this disorder has been referred to as Munchausen by Proxy and later, Factitious Disorder by Proxy. In the current version of the American Psychiatric Association's Diagnostic Criteria, Diagnostic and Statistical Manual of Mental Disorders, fifth edition (DSM-V), the disorder is referred to as Factitious Disorder Imposed on Another, (DSM-V 300.19). The perpetrator and not the victim is given this diagnosis. The victim is given an abuse diagnosis.
Forensic Psychologists can assist both Plaintiff and Defense lawyers in their assessment of the emotional damages related to traumatic injuries with adults as well as children. PTSD in children and teens is caused by events that have caused them or someone else to be killed or badly injured. Not all children develop PTSD after a traumatic injury. 3-15% of girls and 1-6% of boys develop PTSD in response to a traumatic experience. Rates of PTSD are higher for certain types of trauma survivors. Nearly 100% get PTSD if they see a parent being killed or if they see a sexual assault. 90% of sexually abused children develop PTSD; 77% of children who see a school shooting develop PTSD; and 35% of children who see violence in the area they live, develop PTSD (National Center for PTSD in Children and Teens).
Amputation is an injury involving loss of function, loss of sensation, and loss of body image. It is not surprising amputees often suffer psychological difficulties following such an event. Further, these psychological difficulties can also result in long term Post Traumatic Stress Disorder (PTSD) for the amputee. Often these psychological injuries and resultant PTSD can be difficult to explain to a jury. The forensic expert's presentation of psychological testing assessing potential PTSD is one part of proving or disproving damages. However, the forensic expert can better assist either the Defense or Plaintiff's attorney by addressing specific functions in the amputee that have been affected by the injury.
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
Dr. Mark I. Levy, MD DLFAPA, a Distinguished Life Fellow of the American Psychiatric Association, has been practicing Clinical Psychiatry and Psychoanalysis full time for over 30 years. During the past fifteen years he has devoted a substantial portion of his clinical practice to Forensic Psychiatry, providing independent medical evaluations (IME's) and expert forensic psychiatric opinion and Consultation nationally for plaintiff and defense trial attorneys, major insurance carriers and the courts. Dr. Levy has consulted on more than 400 medical-legal cases, has been deposed more than 350 times and has testified in State and Federal Court on 43 occasions. He is an Assistant Clinical Professor of Psychiatry for the School of Medicine at the University of California at San Francisco, is on the Faculty at San Francisco Psychoanalytic Institute and is Chairman of the San Francisco Foundation for Psychoanalysis. Forensic Psychiatric and Psychological Expert Assessment and Testimony about traumatic and non-traumatic psychological injuries including the following:
Motor Vehicle Accident
Death of Parent
Parental Loss
Loss of Consortium
Burn Injuries
Suicide
Traumatic Spinal Cord Injury
Forensic Child & Adolescent Psychiatry
Child Sexual Abuse
Child Abuse
Child Custody Disputes
Spousal Abuse
Elder Abuse
Employee Harassment
Employee Discrimination
Race Discrimination
Gender Discrimination
Ethnic Discrimination
Accommodation
ADA
FEHA
Wrongful Termination
Effects of Stress
Standard of Care
Psychiatric Malpractice
Boundary Violations
Wrongful Death
Prescribing Psychiatric Medication
Stress
Post Traumatic Stress Disorder (PTSD)
Class Action
Mass Torts
Toxic Torts
Asbestos
Mold
Damp Buildings
TCE Exposure
Malingering
Factitious Disorder
Somatization Disorders
Subjective Disorders
Stalking
Competency
Testamentary Capacity
Undue Influence
Will Contest
Psychological Testing
Neuropsychological Testing
Psychology
Psychologist
Neuropsychology
Neuropsychologist
Neuropsychiatrist
Head Injury
Traumatic Brain Injury
Cognitive Impairment
Neurocognitive Assessment
Licenses Physician and Surgeon State of California since 1971 Physician and Surgeon State of Hawaii since 2004 Drug Enforcement Administration
Catastrophic accidents often lead to claims for severe emotional distress including allegations of post-traumatic stress disorder ("PTSD"). Similarly, allegations of acute neuropsychological disorders and fear of cancer can follow environmental releases and toxic exposures. So, too, with product liability claims and even claims from entire "classes" of individual employees. A single incident or condition may produce thousands of claims.
Forensic psychiatry is a medical subspecialty of psychiatry. Its focus is the interface between the law and behavioral medicine. Like the law, forensic psychiatry is divided into various sections. According to the American Board of Psychiatry and Neurology (ABPN):
In prehistoric times, when our earliest ancestors lived in dread of their mortal enemy, the saber-toothed tiger, those cave men (and women) who were fortunate enough to be genetically endowed with the quickest "fight or flight" reactions survived, and became our ancestors. That's where the story begins..
Although federal and state laws prohibit employment discrimination against individuals with physical and mental disabilities and require an employer to make reasonable accommodations for both kinds of disabilities, interpreting and implementing the law with regard to mental disabilities has proven very difficult.
An hour earlier, a commuter train with 180 passengers struck a sport utility vehicle left on the tracks-an aborted suicide attempt. The parking lot adjacent to the tracks is filled with people dazed and confused.
The practice of forensic psychiatry and psychology, like the rest of medicine, is as much art as it is science. At the end of the day, the job of the forensic expert is to be able to communicate complex and at times abstract information in plain, non jargonized language
Malcolm S. Cohen, PhD, President of Employment Research Corporation, has over 30 years of experience in the field of Economics and Employment specializing in Labor Markets and Statistical Analysis.
Dr. Cohen founded the firm in 1997, after retiring as the Director of the Institute of Labor and Industrial Relations at the University of Michigan, which he directed for 13 years. With a PhD in Economics from the MIT in 1967, his research interests include labor market information, labor turnover, employment forecasting and labor shortages. He has directed several major studies to identify national shortage occupations and measure labor turnover using administrative records.
Dr. Cohen's book, Labor Shortages as America Approaches the Twenty-first Century, was published by the University of Michigan Press. His most recent book, Global Skill Shortages, written with Professor Mahmood A. Zaidi, is published by Edward Elgar Publishing. He has had articles published in a large number of journals, including: Journal of Human Resources, Monthly Labor Review, Journal of Political Economy, Review of Economic Statistics, Journal of Economic Theory, and The American Economic Review.
Litigation Support - Dr. Cohen has either testified or been a consultant in over 1,000 audits or cases and has testified over 150 times. He has also served as an expert to the EEOC and U.S. Department of Labor in discrimination cases, and has directed many research projects sponsored by government agencies.
As the world entered the twenty-first century, global skill shortages in many occupations were evident throughout the world. While these were mitigated by a global recession, there is no generally agreed upon method for measuring these shortages. This book discusses various theories for measurement. Using data collected from 19 developed countries in North and Latin America, Europe, and the Pacific region, the authors explore various aspects of skilled labor shortages, develop a methodology of measuring shortages by occupation, and provide estimates of the likelihood of the occurrence of such shortages.
Predicting labor shortages is of great importance for planning education and training of the nation's present and future labor force. Malcolm Cohen has developed an innovative approach to measuring labor shortages. Originally sponsored by the U.S. Department of Labor, his work is presented here, updated for 1994.
Dr. Palmer Morrel-Samuels is a Research Psychologist with extensive training and experience in Statistical Analysis and Assessment Design. He has done a considerable amount of research and applied work on communication, testified to the U.S. congress on employee motivation and its linkage to objective performance metrics, published several articles on survey design in Harvard Business Review, among others, and wrote several patents to assist in the administration and analysis of workplace assessments. Dr. Morrel-Samuels currently teaches graduate courses on survey design and research methodology at the University of Michigan.
Litigation Services: Dr. Morrel-Samuels' education, practical experience, and distinguished authorship have made him a valuable resource for providing expert services in legal cases where workplace surveys or assessments are at issue, including:
Statistical analysis of very large datasets, measuring the impact of corporate culture on performance and race discrimination.
Analysis of a survey's validity, reliability, objectivity, fairness, accuracy, confidentiality, freedom from response bias, and conformance to The Uniform Guidelines pertaining to all workplace assessments.
Statistical analyses of performance-related and survey-related data.
Desiging and conducting employee and workplace surveys, including Electronic surveys.
Program evaluations, especially when used in hiring, firing, or other job actions.
Expert Witness Experience includes: Assisted the NAACP in its amicus brief for the Ricci discrimination case. Was the sole statistician in a successful $100M breach of contract case (Tower Automotive v. UNOVA) that required analyzing 4 million rows of data. Testified for the ICC’s International Court of Arbitration in The Hague. Has successfully withstood Daubert challenges - most recently from the City of Indianapolis in a large discrimination case involving the city's fire department.
For more information visit our website at www.ExpertWitnessPsychology.com
This might come as a shock: Employees in large corporations sometimes mistakenly believe that they have been discriminated against. Admittedly, discrimination does occur, both in society and in the workplace. And as most attorneys know, many discrimination cases concern claims of either adverse treatment or adverse impact. In both types of litigation, employees believe that they have been discriminated against because of their minority status. In disparate treatment cases, plaintiffs must show that they were treated differently because of that status, and incriminating statements-express or implied-must be admitted as evidence to suggest a discriminatory intent. In contrast, disparate impact cases typically address the discriminatory impact of an ostensibly neutral policy, decision, or program, so plaintiffs rely upon objective data from the entire corporation to prove a discriminatory outcome.
This paper outlines a number of innovations that we have recently implemented in the Research Methodology Course at the University of Michigan's School of Public Health.
THERE'S NO DOUBT that companies can benefit from workplace surveys and questionnaires. A GTE survey in the mid-1990s, for example} revealed that the performance of its different billing operations, as measured by the accuracy of bills sent out, was closely tied to the leadership style of the unit managers.
This might come as a shock: Employees in large corporations sometimes mistakenly believe that they have been discriminated against. Admittedly, discrimination does occur, both in society and in the workplace. And as most attorneys know, many discrimination cases concern claims of either adverse treatment or adverse impact.
Effective evidence-based managelnent requires analyzing data from a broad array of sources and conducting carefully designed pretest-posttest comparisons. However, our experience suggests that few businesses take that process to the next level by building merged datasets that can be used for rigorous pretest-posttest comparisons and meaningful statistical analyses.
No contemporary guide exists for using statistics to prove causality in court. We outline a new theory explaining comprehension of causal graphs, and claim four hallmarks of causality are critical: Association, Prediction, Exclusion of Alternative Explanations, and Dose Dependence.
We distinguish between reverse discrimination and over-correction, arguing that the former should be used only to describe cases where well-qualified non-minority applicants are unjustifiably denied positions in organizations run by and/or staffed by minorities. Similarly, we argue over-correction should be used to describe well-qualified non-minority applicants who are unjustifiably denied positions in organizations run by non-minorities.
Christopoulos Economics Consulting Group is a full-service expert witness firm, providing highly capable and professional analyses, reports, tables, charts, and credible testimony on Economic Damages and related issues for attorneys throughout California.
By specializing in litigation economics, Christopoulos Economics Consulting Group provides Forensic Analysis and Auditing, Economic Damage Analyses, Statistical Research, and Economic Loss Reports. They have the experience necessary to provide testimonies and produce reports which summarize and present opinions and conclusions in a manner that is clear and easily understood. They are consistently retained by both plaintiff and defense attorneys and are well versed in the calculation of present value past and future economic damages, including the calculation of future medical care costs.
James Christopoulos, JD, MA, the founder of Christopoulos Economics Consulting Group, is an Economist and a Lawyer. His comprehension of complex legal issues combined with his many years of experience as an economist provides his clients with a unique set of abilities when calculating economic losses and communicating those opinions to both judge and jury.
Mr. Christopoulos has testified as an expert witness economist in state and federal courts along with arbitrations, mediations, and depositions and has prepared and presented economic loss calculations for well over 1,000 cases.
Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially Investment Management Firms, Mutual Funds, Hedge Funds, Wealth Managers, and Broker Dealers. Mr. Carr is a former corporate banker, investment firm Chief Financial Officer and a 20 year veteran of executive search for the Investment Management industry. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to entering the executive search field, he was the Chief Financial Officer of a Connecticut-based hedge fund and Commodity Trading Advisor (CTA). Mr. Carr started his career in commercial bank lending, initially with Citigroup in their Wall Street Commodities division and later specialized in financing independent feature film producers, TV producers and television station owners on behalf of European American Bank in New York. Litigation Support - Frank Carr is an Investment Industry Employment and Compensation Expert Witness who has been retained by both plaintiffs and defendants for American Arbitration Association, JAMS and FINRA arbitration, mediation, and federal court litigation. Mr. Carr has over 30 years of experience in Financial Services, Investment Management, and Banking and his areas of coverage include Traditional and Alternative Investments – Equities, Fixed Income, Mutual Funds, Hedge Funds, Private Equity, and Managed Futures. Specialist in Wall Street Divorce. Areas of Expertise:
Executive Compensation
Employment and Hiring Practices
Wrongful Dismissal
Lost Earnings
FINRA Arbitration
Employment Discrimination
Compensation Consulting
Institutional Asset Management
Mutual Funds
Hedge Funds
Private Equity
Wealth Management
Broker / Dealers
Retail Financial Advisory
Sales Process for Investment Products
Prior Expert Witness Assignments:
Represented a hedge fund portfolio manager as an expert rebuttal witness in a high profile hedge fund employment/compensation lawsuit. Prepared a rebuttal opinion letter submitted to the United States District Court for the Southern District of New York.
Represented a $12 billion Texas-based SEC Registered Investment Adviser and leading global alternative credit manager in a JAMS arbitration regarding a terminated employee. Prepared a rebuttal expert witness report and provided live testimony at the JAMS arbitration hearing.
Represented a financial advisor in a FINRA arbitration against one of the top 5 U.S. wealth management firms. The scope of the opinion included projected career advancement, compensation analysis and calculation of lost earnings.
Represented a portfolio manager/ investment analyst in a wrongful termination action against one of the largest U.S. Broker Dealers with over $600 billion in assets. The scope of the opinion included projected career advancement and compensation analysis. Prepared an expert witness report and provided live testimony at the FINRA arbitration hearing.
Education - Mr. Carr is a graduate of Williams College where he received a Bachelor of Arts degree in Political Economy. He completed the Management Training Program at Citigroup in New York, including courses in accounting, finance and capital markets. He has previously held FINRA licenses, Series 3, 6 and 63 and has completed Level I of the Chartered Alternative Investment Analyst (CAIA) program.
Robyn W. Porterfield, PhD - Managing Principal at RPG, spent over ten years in sales and marketing prior to completing her PhD in Industrial Psychology. While completing her PhD, Dr. Porterfield served as Director of Client Services for a Texas-based on-line psychological testing firm, consulting to management on such issues as individual and team fit, conflict resolution, hiring, coaching, and management succession planning.
Robert G. Rose, PhD, Principal at RPG, received his PhD from Florida State University. Since 1976 he has served as consultant to organizations in virtually every industry including health care, retail, IT services, manufacturing, construction, aviation, and many others. In his over 30 years as a consultant, Dr. Rose has encountered virtually every problem that an organization can experience, and has seen that good teamwork - from hiring to development - always benefits both the individual and the company.
Howard is one of America's most sought after Restaurant, Bar, Food, & Beverage Industry Experts in the country. With over 32 years of experience, Judges & Juries respect Howard's industry expertise in regard to his restaurant expert witness& restaurant litigation support services - having provided expert witness testimony, opinions, and reports in both State & Federal Cases for Plaintiffs & Defendants. 
Dr. Jane K. McNaught, PhD is a locally and nationally recognized Forensic Psychological Expert specializing in Post Traumatic Stress Disorder with adults and children. Over the course of her more than 35 years of practice, she has worked with both Defense and Plaintiff attorneys and has also been a Court appointed expert. Dr. McNaught has administered more than 1700 psychological test batteries and testified on over 500 occasions as a forensic expert in the areas of: Civil, Criminal, and Family Law. She also provides trial consultation for attorneys. Dr. McNaught has been qualified and testified as an expert in PTSD, for both the U.S. Army as well as the U.S. Navy. In addition she has testified as an expert in both District and Federal court. Dr. McNaught practices in the areas of Civil, Criminal, and Family Law cases involving trauma to both adults and children.
Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially Investment Management Firms, Mutual Funds, Hedge Funds, Wealth Managers, and Broker Dealers. Mr. Carr is a former corporate banker, investment firm Chief Financial Officer and a 20 year veteran of executive search for the Investment Management industry. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to entering the executive search field, he was the Chief Financial Officer of a Connecticut-based hedge fund and Commodity Trading Advisor (CTA). Mr. Carr started his career in commercial bank lending, initially with Citigroup in their Wall Street Commodities division and later specialized in financing independent feature film producers, TV producers and television station owners on behalf of European American Bank in New York. Litigation Support - Frank Carr is an Investment Industry Employment and Compensation Expert Witness who has been retained by both plaintiffs and defendants for American Arbitration Association, JAMS and FINRA arbitration, mediation, and federal court litigation. Mr. Carr has over 30 years of experience in Financial Services, Investment Management, and Banking and his areas of coverage include Traditional and Alternative Investments – Equities, Fixed Income, Mutual Funds, Hedge Funds, Private Equity, and Managed Futures. Specialist in Wall Street Divorce. Areas of Expertise:
