Grant D. Stiefel, Esq. is a nationally-recognized, full time attorney fee consultant, testifying expert and the principal of Litigation Limited, a boutique legal fee consulting firm
Mr. Stiefel has testified in over 45 lawsuits, including matters in federal district courts, California trial courts, JAMS/AAA arbitrations, the Ninth Circuit Court of Appeals, State Bar courts, and attorney-client fee arbitrations
He has qualified to testify and has testified live at trials and arbitrations as a designated attorney fee expert
Mr. Stiefel’s methodology for reviewing, auditing and evaluating legal invoices has been cited, approved and adopted by California state and federal courts
He has been retained as a testifying attorney fee expert by the world’s largest law firms, including Reed Smith; McDermott Will and Emery; Jones Day; Sheppard Mullin; Sidely Austin; Dykema Gossett; Orrick Herrington & Sutcliffe; and Littler Mendelson, among many others
Mr. Stiefel is a member of the California State Bar and is unique among fee experts in that he practiced law for many years at two of the world’s largest law firms (Akin Gump and K&L Gates)
Mr. Stiefel has managed a multi-billion dollar litigation portfolio and has audited hundreds of millions of dollars in legal fees from law firms nationwide since 2008
He has developed and implemented outside counsel billing and case management guidelines for Fortune 500 corporations
He is a California State Bar-approved continuing legal education instructor on attorneys’ fees who has trained hundreds of executives and in-house counsel from a host of Fortune 500 corporations
Mr. Stiefel is qualified as an attorney-client fee dispute arbitrator with the California State Bar’s Mandatory Fee Arbitration program and as a judge pro tem with the California Superior Court for the County of Los Angeles
Grant Stiefel was the testifying fee expert on a series of fee applications by class counsel in Jones v. Wells Fargo, on behalf of aggrieved California consumers in the first consumer class action brought under the Unruh Act. Relying upon Mr. Stiefel's testimony regarding the reasonableness of hourly rates and overall work performed, the trial court awarded more than $25 million in attorneys' fees to class counsel
The district court for the Central District of California adopted and approved Mr. Stiefel's methodology for identifying and quantifying block-billed, vague and redacted billing entries in cutting Plaintiff's fee request by more than sixty percent in CNS v. Planet, from $4.8 million to $1.9 million
In Vides v. ABM Janitorial Services, the trial court reduced Plaintiff's fee request in a FEHA action by over $1 million based upon Grant Stiefel's expert testimony. Plaintiff moved for an award of $1,578,232.50 in attorneys' fees, which the trial court reduced to $544,183.12. Mr. Stiefel's testimony showed that the hourly rates claimed by Plaintiff's counsel were unreasonable under the circumstances, that excessive time was spent on inter-office communications, and that the matter was overstaffed
California Office: 357 Avenida Castilla Unit C Laguna Woods, CA 92637 (424) 223-8252
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:
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.
Mark I. Harrison, Esq. has been a civil and appellate litigator for over 50 years in Tort, Antitrust, and Commercial Cases. He has extensive experience litigating and testifying in cases involving Legal Malpractice, Legal Ethics, and Judicial Ethics. Mr. Harrison frequently serves as an expert witness in cases concerning the Standard of Care, Breach of Fiduciary Duty, and the Reasonableness of Attorneys' Fees. His client representation includes lawyers, law firms, judges and other licensed professionals.
Mr. Harrison has served as a consulting and/or testifying legal or judicial ethics expert witness in more than 160 cases and has been deposed or testified at trial in more than 20 matters in the past 10 years. He has been admitted to practice before all courts in Arizona since May, 1961 - United States District Court--District of Arizona, the United States Court of Appeals for the Ninth and Federal Circuits, and the United States Supreme Court. He has also been admitted to practice in the state of Colorado since 1991.
John D. O'Connor has more than 40 years of experience dealing with complex Attorney Fee Disputes. He is a member of the National Association of Legal Fee Analysis (NALFA) and is recognized as one of the top legal fee experts in the country.
Mr. O’Connor has tried over 70 cases in federal and state venues throughout the country, with highly enviable success in complex, contentious disputes. Retained by R.J. Reynolds Tobacco Company as trial counsel in key cases, he has achieved a pretrial dismissal in each concluded action. He has held the highest Martindale-Hubbell “AV” rating for over 25 years, and has consistently been named a “SuperLawyer” by his Northern California peers.
A former Federal Prosecutor, Mr. O’Connor was chosen lead outside counsel in certain S&L crisis litigation, defended a California Attorney General in campaign-related litigation, and successfully represented Golden State Warriors basketball Coach Don Nelson in significant contract claims.
Litigation Support - Since the advent in the late 1980’s of adversarial legal auditing, Mr. O’Connor has served extensively as an expert, litigator, and JAMS mediator throughout the country, analyzing audit criticisms, applying community standards, and construing applicable case law. Through written Declaration and oral testimony, he has consulted on hundreds of adversarial legal fee disputes over three decades. Mr. O'Connor's work has been widely lauded by clients, lawyers, courts, and arbitrators.
Timothy W. Monsees, is a partner with the firm of Monsees & Mayer, P.C. For over 30 years, he has focused his practice on litigating complex Personal Injury cases.
Background - Mr. Monsees graduated with honors from the University of Missouri-Columbia School of Law in 1981. He is admitted to practice in Missouri, Kansas and Texas. Mr. Monsees is recognized by Best Lawyers in America, Missouri Super Lawyers, Kansas City Business Journal “Best of the Bar”, and for many years has been recognized by Martindale-Hubbell with an “A/V” rating. He regularly presents at seminars helping to instruct other attorneys on trial practice skills.
Mr. Monsees restricts his practice to representation of injured parties in litigation of product liability, construction & industrial accidents, professional negligence, and medical malpractice. Mr. Monsees’ firm has received national recognition for litigation related to injuries from defective sporting equipment and from defective firearms.
Litigation Support - Mr. Monsees provides expert witness services for counsel representing injured parties. He addresses issues related to rules violations, time limits, discovery omissions, trial strategies, procedure, standard of care, and ethical violations.
This book is a great resource for personal injury victims, familiarizing readers with the general process and providing answers to commonly asked questions. Written by a personal injury attorney with more than thirty years of trial experience in this area, who has also handled cases in more than twenty-five states, this book summarizes the important considerations for personal injury victims. As an attorney who has worked both for, and now against, insurance companies and big corporations, the author poses and answers the questions you should ask before becoming a party to personal injury litigation.
Mary C. Meinhard RN-BC, BS, JD, CLCP, MSC-C is a Nurse Attorney/ Legal Nurse Consultant, Certified Life Care Planner, Board-Certified Nurse Case Manager, and Medicare Set-Aside Consultant-Certified. She has offices in California and Nevada, and provides Medical/Legal Consulting services nationwide. She has over 35 years of experience working with catastrophically injured patients/clients as a Registered Nurse, in addition to 20+ years of experience as a California Attorney, and is retained by both Plaintiff and Defense as a consultant in Personal Injury, Medical Malpractice and Workers' Compensation cases.
Representative diagnoses include, but are not limited to:
Traumatic Brain Injury
Acquired Brain Injury
Spinal Cord Injuries / Paralysis
Complications of Pregnancy, Premature Births and Birth Injuries
Complications of Diabetes
Chronic Pain / Illness
Chronic Renal Failure
End Stage Renal Disease
Legal Nurse Consulting
Medical Record Review / Summary
Case Merit Evaluation/Standards of Care
Life Care Planning
Mini / Preliminary Life Plans
Medicare Set-Aside Allocations
Expert Fact and Opinion Testimony
Attendance at Independent Medical Exams
Litigation Support - Formulation of Discovery Plans, Preparation of Deposition/Cross Examination Questions, Conducting Medical Expert/Opposing Life Care Planner Depositions
Ms. Meinhard also holds certification from the Pepperdine University School of Law Straus Institute for Alternative Dispute Resolution and is available as a Mediator for personal injury cases of all types - especially when competing Life Care Plans are at issue.
Mitchell L. Lathrop, has over 50 years of experience in the practice of law, and specialized knowledge in Insurance, Reinsurance, and Lawyers' Professional Responsibility. For the past 30 years, Mr. Lathrop has served as a Mediator, Arbitrator and Expert Witness in his fields of expertise. A seasoned trial lawyer, he brings his many years of practice to alternative dispute resolution. Mr. Lathrop is admitted to practice in California, New York and the District of Columbia, as well as before the U.S. Supreme Court and the U.S. Courts of Appeals for the Second, Fifth, Ninth, Tenth, District of Columbia and Federal Circuits. Mr. Lathrop is a former Presiding Referee of the California State Bar Court. He serves on the National Panel of the American Arbitration Association and is a Distinguished Neutral of the International Institute for Conflict Prevention and Resolution (CPR), as well as a member of the London Court of International Arbitration. He is the author of "Insurance Coverage for Environmental Claims," published by Lexis-Nexis Matthew Bender. He has qualified as an expert in insurance and legal malpractice in both state and federal courts. Areas of Expertise:
Insurance bad faith and standard of care and conduct
Whether you represent the insurer or the insured, the potential costs can run into the millions if your client is found liable. To help you effectively represent your client, this comprehensive, two-volume treatise will walk you through the complexities of environmental insurance coverage.
PRACTICE AREAS AND EXPERTISE: Peacemaking, mediation and conflict management of difficult community, business and interpersonal conflicts.
From 1978 to 1998, trial lawyer with demonstrated success in complex, difficult, or unique cases. Experienced in both state and federal trial and appellate courts. Experienced in AAA commercial and construction arbitration and SEC/NASD arbitration. Broad range of knowledge, including construction, business, contract, finance, constitutional law, commercial law, and insurance law.
With over 22 years of experience, Mr. Noll has litigated and arbitrated diverse and complex cases before state and federal juries, judges and administrative tribunals. His practice is now devoted to resolving business and interpersonal conflicts without litigation. He has mediated over 400 difficult and complex conflicts including employment disputes (gender discrimination, racial discrimination, wrongful termination) construction defect cases, complex commercial and industrial construction disputes, CERCLA claims, partnership dissolutions, water rights disputes, shareholder disputes, intellectual property litigation, constitutional law cases, land use disputes, financial and commercial disputes, crop losses, estates and trusts litigation, and insurance disputes.
Let's consider what makes this time slightly different than previous times of unrest. The essential facts are that most Americans are suffering through the deepest economic depression since the 1930s. We barely avoided a complete economic collapse and may still see an economic collapse if the euro fails.
I am reading The Truth About Camp David: The Untold Story about the Collapse of the Middle East Peace Process by Clayton Swisher. This is a modern history of the events in the Clinton administration from 1999 to 2000 concerning US attempts to mediate peace between Israel and Syria and Israel and the Palestinians.
In this in-depth analysis, professional mediator Douglas E. Noll goes behind the headlines to understand why crucial negotiations fail. He argues that diplomats often enter negotiations with flawed assumptions about human behavior, sovereignty, and power. Essentially, the international community is using a model of European diplomacy dating back to the 18th century to solve the complex problems of the 21st century. Through numerous examples, the author shows that the key failure in current diplomatic efforts is the entrenched belief that nations, through their representatives, will act rationally to further their individual political, economic, and strategic interests.
Sex, politics and religion at the office are potent forces for attaining a sustainable competitive advantage in the post-modern workplace. Whether you are in charge of a Fortune 500 company, a nonprofit, an entrepreneurial enterprise, or just a few workers, if you are sweeping sexuality, political power, and values under the rug, you're leaving three powerful tools in the shed. Repression is not an option. In contrast, the rewards for developing a powerful, healthy workplace are profitable, reliable, and limitless. This unconventional approach, developed by authors John F. Boogaert and Douglas E. Noll, shows you how to unleash the incredible power of sex, politics and religion in your office.
In this book, Noll weaves many strands of academic thinking about human conflict into an integrated view of why people fight, how they fight, what they fight over—and how they can instead make peace, whether in the courtroom or beyond.
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)
Sanford C. Loy , CCM, B.Arch, MSCE, has over 40 years of experience in the Construction Industry. Mr. Loy has Degrees in Architecture and Engineering. A Certified Construction Manager (CCM), he is committed to the Code of Ethics and Standards of Professional Practice established by the Construction Management Association of America. CCM is the ANSI accredited professional designation for construction management and is the gold standard for CM service providers in over 145 countries.
Background Experience - Mr. Loy's experience spans virtually every type of building and design process. His strength centers on his understanding of the dynamics and interactions of the various trades and professions unique to every building project. He has experience with Construction Management at Risk, Construction Management Agency, Design-build, and Design-bid-build. Having successfully managed the completion of over one billion dollars of construction, Mr. Loy served as a Regional Engineer for the American Institute of Steel Construction and as Director of Construction and Development for Belz Enterprises, the largest development company in Tennessee, before founding Construction Strategies in 1988.
Litigation Support - Mr. Loy provides Construction Claim and Dispute Analysis services, with special expertise in Concrete Design and Design-Build. Having been a teacher of many of the principles and processes used in the industry he knows how to explain the difficult technical aspects of the information and analysis in a way which makes the facts understandable and believable to opposing counsel, insurance companies, judges, and juries. Mr. Loy has experience and provides assistance with various dispute resolution approaches, such as Owner / Contractor dispute resolution boards, arbitration, mediation, and provides expert witness testimony if necessary.
The construction industry is gigantic.....it has been around for centuries in this country alone....an industry with that much inertia does not embrace change easily. Introducing new processes and methodology is much like trying to turn an aircraft carrier with a boat oar. You can get beat up pretty good and not even effect the ship!
John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos.
Mr. Minor has worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand.
Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action.
With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.
Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.
Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).
Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).
Firm's Areas of Practice Include
Commercial Real Estate
Casualty Insurance Defense
Construction Litigation and Transactions
Personal Injury Litigation
Alternative Dispute Resolution (mediation, arbitration and mini-trials)
In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.
It has long been a requirement that any subcontractor or material supplier seeking to enforce a mechanic's lien must first file a 20-day preliminary notice. The requirement existed before the California legislature revised laws relating to mechanic's liens and stop notices in 2012, and similar requirements exist after 2012.
The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.
California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.
The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.
Most contractors know that the mechanic's lien is one of the best remedies available to the contractor, laborer, and supplier because it allows for the foreclosure of real property if payment is not made for construction work and/or materials supplied to the project. What many contractors may be unsure of is on which projects a lien should be recorded.
Much has been discussed in the media regarding the fees lawyers charge. Some believe that they are excessive while others believe that due to their education and expertise, high rates are expected. What is not discussed, however, are the various methods lawyers use to determine how they will charge and what they will charge. This article will discuss the various billing practices that are available to you, the legal consumer.
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.
Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.
As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits of ADR in virtually every court in the state. The federal courts have also adopted ADR programs.
As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.
In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?
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.
It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.
Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.
Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.
Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.
Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.
Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.
For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee costs continue to spiral as do the cost of goods; increased competition from other companies both here and abroad; more regulation from local, state and federal agencies; etc.
On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.
Geoffrey Beresford Hartwell is a Chartered Engineer who practices as an Arbitrator, Adjudicator and Expert for Determination. Geoffrey is the former Senior Partner of Consulting Mechanical and Electrical Engineers BHA Cromwell House.
A one time Chairman of the Expert Witness Society, Geoffrey Hartwell has experience giving evidence in court (in both civil and criminal matters) and in International Arbitration. He sometimes is retained as a Single Joint Expert or as a Tribunal Expert. His services are offered to both Plaintiff and Defense. Even when retained on behalf of a Client he, like all Experts, has an overriding responsibility to the Court or Tribunal.
After his early career in aerospace and nuclear energy, Geoffrey entered private practice in association with the late Leslie Heap and Gerald Lewis of Heap and Digby, Consulting Engineers, in 1969. While with them he designed water and sewage equipment and also the bascule moving machinery for the Lowestoft Bridge, in Suffolk. He practiced also as Beresford Hartwell and Associates and, in 1971 established a separate office in Wallington, South London.
In parallel with his design career, Geoffrey was first appointed as arbitrator in 1972 and his first foreign arbitration, an ICC appointment in Switzerland, took place later that year. He studied Law to Intermediate level and then transferred to the examinations of the Institute of Arbitrators (now Chartered) of which he became Chairman in 1996-1997 and for whom he taught in various countries on several courses, including the prestigious Diploma in International Commercial Arbitration.
Electrical Engineering and Design
Mechanical Engineering and Design
Automation and Computer Control Systems
Maritime and Infrastructure Engineering
Solid Waste Handling
Moving Bridges and Lock Gates
Construction Project Management
Water and Waste Water Treatment
Arbitration: Geoffrey Hartwell also acts as an arbitrator and adjudicator, as an expert mediator and conciliator, as an expert investigator and assessor for arbitral tribunals, and also as a Special Referee in the High Court of Justice of the Isle of Man. His services have been required in the UK and internationally.
Dispute Boards: Geoffrey Hartwell has experience both as Member and as Chairman of Dispute Boards?. He has been a member of Dispute Boards, retained from the beginning of a project or, alternatively, appointed on an ad hoc basis when a problem arises, Dispute Adjudication Boards to determine a binding decision, and on Dispute Review Boards to make decisions that are advisory but not binding.
Adjudication: Similar to arbitration, Mr. Hartwell adjudicates domestic and international disputes which are only temporarily binding unless otherwise agreed upon by the parties.
International Commercial Arbitration, the chosen basis of the annual Willem Vis Moot, is arguably not au fond a process at law. It is quite simply the performance of an agreement between two parties to have a chosen third party hear and determine some difference between them.
Steven Proto is a Nationwide Certified Auto Appraiser (IAAA Certified, USAAP compliant) with over 20 years of experience as an Auto Valuation Expert.
Mr. Proto's expertise is in Fraud Investigations, including diminished value, dealership practices, new and used auto transactions, prior accident damage detection, and vehicle valuations from a Corolla to a Ferrari. He currently serves as the GM of an Auto Auction, Auto Mediator Umpire and he establishes and maintains markets in automotive vehicles, appraising vehicles, and arbitration disputes for top tier auto franchises.
Litigation Support - Mr. Proto is qualified to testify in State Court and in arbitration proceedings as an Automotive Expert in Vehicle Valuation, Dealer Fraud, New Car Dealer Business Practices, Dealer Advertising/MSRP/Addendums . He can assist in the discovery stage to ensure clients are able to document real damage or the bogus nature of fraudulent claims. Mr. Proto serves as an expert witnesses for both plaintiff and defendant.
Nata Bolsheva, Ph.D., FABFEI, CFC, FNCCE, FNCPC, CFLC has over 35 years of extensive intimate personal experience in both the public and private sectors of Forensic Mental Health and related systems. Dr. Bolsheva willing to travel around the USA and Canada. In Home Visit Dr. Bolsheva's mission is to provide forensic and expert witness services of the highest quality and value to the legal profession. She is available to attorneys for both Plaintiff and Defense and is fluent in English,Ukrainian and Russian.
Dr. Bolsheva's services include serving as liaison between attorneys, health care providers, testifying experts, witnesses, clients and other involved parties. She researches Psychological, Theological, and Religious literature and applies this information to determine case value. Dr. Bolsheva is available for depositions and expert witness testimony.
Litigation Support - As a Certified Forensic Litigation Consultant (CFLC) Dr. Bolsheva specializes in Divorce, Parental Alienation, Parenting Coordination and Mediation cases which are common among those classified as High Conflict Divorce cases. She provides litigation support to counsel for both Plaintiff and Defense.
Her services include support with hearing/trial preparations, review of current evaluations, documentation, and support during and after the litigation process.