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Business Architecture Overview from Expert Witness

December 1st, 2010 · experts

Business Architecture: Overview and Benefits with Ayman Nassar.  

Great presentation from expert witness Ayman Nassar on Business Architecture as presented to the Baltimore chapter of the International Institute of Business Analysis.

Presentation PDF

Ayman Nassar is a business and IT architect, technical project manager, systems engineer and leadership coach. He brings over 20 years of experience in project management, systems architecture, technology marketing, new product development, new business operations and formation. He is founder of the Islamic Leadership Institute of America, Intercontinental Networks and author of three books in project management and numerous workbooks in leadership development. Click here to learn more about Ayman.

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Using Structured Settlements to Help Resolve Legal Disputes in the Entertainment Industry

November 18th, 2010 · experts

By Kathryn Arnold – Entertainment Expert Witness 

As a consultant and expert witness in the entertainment industry, the vast majority of cases that cross my desk are for economic damage or loss of wages claims. Most of the cases have been for personal injury, worker’s compensation, copyright infringement and wrongful death, with claims ranging from $250,000 to $90 Million. In all of the cases, whether settled in or out of court, the final settlements were for significant dollars.

Clearly the way these settlements are paid out can have an effect on one’s tax liability. Having never been the recipient of such a large claim, I had never looked into how the payout would be distributed or the choices available in the marketplace. However, I have recently been introduced to a concept called “Structured Settlements” which I found to be quite interesting and worthy of sharing with you. 

For Full Article…

View the entertainment expert witness profile of Kathryn Arnold in our expert witness directory here.

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Current Hot Topics in Lease Escalations: Avoid Theft by Additional Rentals

November 9th, 2010 · experts

Tuesday, November 16th

1:00 p.m. Eastern (10:00 a.m. Pacific)

Run Time: 90 minutes

I would like to invite you to attend my audio conference, “Current Hot Topics in Lease Escalations: Avoid Theft by Additional Rentals” on Tuesday, November 16th.  I will be presenting along with Marc A. Maiona of CyberLease, LLC.

The two costliest line item component issues in a killer commercial lease are fixed rentals and additional rentals. By far, the most expensive and least understood and budgeted for are the hidden costs of additional rentals. The killer lease forms in aggressive money market center cities can take the traditional incremental increases in operating expenses, real estate taxes and utility charges, and cause them to double the fixed rent in four to six years rather than in the traditional 12 to 15 years, even in or especially in a down market. Attend our audio conference to understand why and save on the multiplier effect in leases. View agenda here.

Follow this link to register for this audio conference http://bit.ly/d1JTgQ

Thank you

John Busey Wood

Thompson & Knight LLP

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Expert Witness Becomes Crime Victim Herself

October 24th, 2010 · experts

 

Sharon Rosenberg spent 26 years helping to put criminals behind bars. Now, she is a crime victim herself.

“I was never involved in a white-collar crime,” says the 68 year-old Rosenberg. “And I was never expecting to be the victim of a white-collar crime.”

Rosenberg’s former caretaker and friend, Evon Moles, has just started serving a three-year prison sentence for stealing over $300,000.

“It was things like jewelry and trips to Florida and Texas, where this woman took her friends,” Rosenberg told Fox 8 News.

For more than two decades, Rosenberg worked as a forensic scientist in the Cuyahoga County Coroner’s Office. She testified in many high-profile cases — including the Jeffrey Lundgren cult killings in Lake County.

She retired in 1998, but then had a stroke. She needed help, so she turned to Moles.

Rosenberg had trouble writing and seeing checks, so Moles wrote the checks, put them in front of her and Rosenberg signed them.

“This started out very small, small amounts being taken out,” Rosenberg said. “They progressed to larger amounts because she realized she could get away with it.”

Rosenberg, who gets around now with a cane or in a wheelchair, was alarmed when her financial advisor told her she was running out of money.

She brought in a friend to help her look at her finances, and Moles’ three-year long theft spree was exposed.

Rosenberg now hopes, but doesn’t count on, getting all her money back.

She said she’s received $10,000, an amount she calls “a drop in the bucket.”

While Moles can’t work to pay her back while she’s in prison, Rosenberg says Moles should have to serve the entire three-year sentence.

Rosenberg said she plans on attending a parole hearing for Moles in six months.

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Economic Damage Claims In The Entertainment Industry — Speculative or Beyond a Reasonable Certainty

October 17th, 2010 · experts

August 28, 2010
By Kathryn Arnold – Entertainment Expert Witness 

The large majority of lawsuits that involve individuals in the entertainment industry revolve around lost wages or fees. These claims often allege millions of dollars in lost earnings depending on the role the person plays within the industry. Given the exorbitant amount that some actors, writers, directors and producers earn, it’s easy to understand how often these claims get made. However, the operative word in this scenario is some.

The question one should ask is how do you best determine whether a particular individual should be categorized into that rare group of earners? In other words how do you determine whether the claim is purely speculative or can be proven within a reasonable degree of certainty?

For Full Article…

View the entertainment expert witness profile of Kathryn Arnold in our expert witness directory here.
 

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Cosmetics Expert Witness – Safe Cosmetics Act Introduced in US House

July 29th, 2010 · experts

The use of a cosmetics expert witness or fragrance expert witness may have just became more common in the future.  Here is an excerpt from an article about the introduction of the Safe Cosmetics Act of 2010:  

For the first time in 70 years, Congress is poised to close the holes in the federal law that allows chemicals linked to cancer, birth defects, learning disabilities and other illnesses to be used in the products we use on our bodies every day.

Last week, Reps. Jan Schakowsky (D-Ill.), Ed Markey (D-Mass.), and Tammy Baldwin (D-Wisc.), introduced the Safe Cosmetics Act of 2010, (HR 5786), which gives the Food and Drug Administration authority to ensure that personal care products are free of harmful ingredients. Existing law, passed in 1938, granted decision-making about ingredient safety to the cosmetics industry.

“Harmful chemicals have no place in the products we put on our bodies or on our children’s bodies,” said Rep. Schakowsky. “Our cosmetics laws are woefully out of date—manufacturers aren’t even required to disclose all their ingredients on labels, leaving Americans unknowingly exposed to harmful mystery ingredients. This bill will finally protect those consumers.” 

Click here for the full article.

Please visit Witness.net to learn about Sue Phillips, a cosmetics and fragrance expert witness listed in our FREE expert witness directory.

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Entertainment Expert Witness – Points to Consider When Evaluating a Case

July 3rd, 2010 · experts

Entertainment expert witness and article author Kathryn Arnold discusses the challenges an entertainment expert witness may face and when such an expert may be needed to support attornies.  The following is an excerpt from her article "The Entertainment Industry – Points to Consider When Evaluating a Case":

Of the thousands of screenplays written every year, only 450 to 500 of these are "lucky" enough to be made into motion pictures. Of those produced, less than half are released in theatres and of those remaining, only a portion are released directly to DVD.

Those released directly to DVD and other media do not warrant the costs associated with a theatrical release and thus the producer/distributor mitigates the risk of negative cash flow. While major movie studios finance a number of these motion pictures, the range of stories they are interested in telling is limited, requiring producers to finance their movies outside the studio system and navigate the world of "independent film financing."

Whether a movie is produced by a major studio or independently, the expansion in world film revenues since 1970 has grown from $1.2 billion to over $15 billion annually.1 The MPAA further estimates that the entertainment industry generated $27.5 billion in California in 1996, compared with a U.S. Bureau of Economic Analysis estimate of $13.1 billion. The entertainment industry is big business. To put it in perspective, of the core industries that drive California’s economy by exporting goods outside the state, motion pictures are the tenth largest and the fourth most rapidly growing.2 It is a high-wage sector, with average salaries 70 percent higher than salaries in other businesses statewide. A similar study conducted by Monitor Company, found that the movie and television industries contributed over $16 billion to the State of California’s economy, directly employing 164,000 and indirectly employing another 184,000 people. This allure of riches entices many into the industry, but very few succeed.

Read the full article here: "The Entertainment Industry – Points to Consider When Evaluating a Case":

Please visit Witness.net to see additional entertainment expert witness resources available in our FREE expert witness directory.

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Electromagnetic Field Expert Witness: Stuart Bagley discusses EMF effects on pacemakers

June 24th, 2010 · experts

Why a blog about pacemakers, ICDs and electromagnetic fields?

Excerpt from the blog of Electromagenetic Field Testing Expert Witness, Stuart Bagley of EMF Testing Services.

Over 3 million people in the world have a pacemaker or ICD (Implantable Cardioverter Defibrillator) and another 600,000 are being implanted every year. Most people know someone who has a medical device implanted in his chest. Patients, families, physicians and employers all want the same thing – environments that are safe and healthy where people with implanted heart devices can lead active lives.

Medical devices like pacemakers and ICDs have improved longevity and quality of life for many. But returning to daily activities after implantation takes some getting used to – and some understanding of potential hazards. Motors, magnets, equipment and towers can create electromagnetic fields (EMF) that may result in electromagnetic interference (EMI). That EMI can cause device malfunctions.

Finding information about living with a pacemaker or an ICD is not easy. It’s even more difficult to find information about the effects of EMF on such devices. After receiving a Master of Science degree from Wayne State University and a Bachelor of Science degree from the University of Michigan, and both public and private sector experience in Occupational and Environment health, EMF Testing Services president Stuart Bagley, MS, CIH, CSP saw this information gap. Likewise, he saw concerned employers at a loss. He wanted a place where everyone had access to the information and resources they needed in order to make the transition to living with a pacemaker or ICD happen smoothly for all concerned.

For that reason, EMF Testing Services is launching this new website and blog as a way to share information and news. It is for everyone,

•Patients with an implanted medical device looking to understand and mitigate potential risks.
•Medical professionals seeking news and resources for patients.
•Business owners, human resources professionals and safety officers searching for information to help them accommodate employees returning to work after implantation and to be compliant with the Americans with Disabilities Act of 1990.

Additional electromagnetic field expert witness resources and information about Stuart Bagley are available in the Witness.net expert witness directory.

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Architecture Expert Witness – What Are Construction Defects?

June 23rd, 2010 · experts

 
Architecture expert witness, Michael S. Poles, GC, CM, RCI, DABFET, ACFE exerpt from his own publication on what constitutes construction defects.

Since the "Building Boom" of the 1980’s and the advent of the ten year cycle ( California Code of Civil Procedure, Section 337.15 ) for "LATENT DEFECTS" ( A latent defect is one that a property owner does not know about and would not be expected to discover through the exercise of reasonable care. ) construction defects claims and subsequent litigation has exploded into horrific proportions.

According to many articles that have appeared in the San Diego Union-Tribune, the La Jolla Light  and the Los Angeles Times, "the proliferation of construction defects litigation has devastated the California Economy by drying up the availability of affordable attached housing, depressed the job market and driven multi-residential builders and their insurance carriers out of the State of California, or out of existence all together".

In addition, individual home owners that have been involved by their Homeowners Association bringing forward construction defect litigation have reportedly lost equity in their property. Many have reportedly "walked-away" from their mortgages and lenders have shied away from providing loans to prospective buyers of "Common Interest Developments" in California.

Recently California lawyers have been preparing to spread out of California by seeking licensing in the States of Nevada and Arizona. Nevada, in particular, has been enjoying a building boom for approximately the last ten years. With the proliferation of new Las Vegas Casinos, new Housing, Schools and allied support businesses and industry … it looks like Nevada is next!

Imagine for a moment that we actually live in a "perfect world". A world in which everybody assumes full responsibility for all of their actions and omissions. A world where construction professionals and tradesmen, alike, do everything that they do within strict accordance with all requirements of all applicable Building Codes, Building Code Standards, adopted Standards promulgated by professional, manufacturers’ and trade associations. Further imagine a world where everyone never makes a mistake and builds with absolute perfection!

Theoretically, when it comes to defects in construction, that is exactly the type of world that many plaintiff lawyers want us to believe we live in .. "a perfect world". Anything less than "absolute perfection" is considered, by many plaintiff lawyers to be "DEFECTIVE". They draw an image of incompetent and corrupt contractors and developers that can do nothing right, but can only provide the consumer with highly defective and unsafe buildings.

Think about it! Construction Defects! What are they, really?? Are they blemishes? Are they something that’s less than perfect? Just what is a defect?

Additional architectual expert witness resources available in the Witness.net expert witness directory.

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Acoustics Expert Witness testifies on airport noise

June 17th, 2010 · experts

Want to double the number of flights your airport currently handles?  You may need the services of an acoustics expert witness.  Much like this airport in Hampshire, England recently did. 

Airport inquiry hears new round of noise arguments from acoustics expert witness
By Jack Sommers
June 17, 2010

ARGUMENTS about how annoying the noise of 50,000 flights over homes each year might be have continued at the Farnborough Airport inquiry this week, as an end to the proceedings looms.

Airport owner TAG – fighting to be given permission for 50,000 flights a year instead of 28,000 – has been arguing with Rushmoor Borough Council about how effective a system for measuring noise is.

According to the current system, the sound from the extra 22,000 flights would have a minimal effect on people and was within the ‘noise budget’ the council said the airport could not exceed.

TAG’s noise expert Jeff Charles took to the stand two weeks ago to present his analysis supporting plans for more flights.

This week, Rushmoor Borough Council’s noise expert Dani Fiumicelli was presenting his case, claiming that the method of measuring noise was effectively irrelevant to people who actually endure it.

According to the noise system, each property under the flightpath is assigned an overall decibel number, with 57dB as the definition of ‘community annoyance’.

This is roughly equivalent to a nearby car driving slowly and slightly louder than bird song, according to evidence put before the inquiry.

When the council’s lawyer Simon Bird cross-examined Mr Charles, he questioned how effective the system was, saying it did not account for the fact that the noise of planes from the airport was intermittent, meaning it interrupted people’s days rather than a continuous, less disturbing noise.

Mr Charles replied that he was using the tools he had been given to measure noise.
 

Additional acoustics expert witness resources available in the Witness.net expert witness directory.

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