ARTICLES

10/13/2017· Land Mapping - Surveying - Zoning

Easements Can Make or Break a Deal

By: Frank S. Ferrantello

Easements can benefit or burden a number of parties on or around certain tracts of land. Easements are common on most parcels of land. An easement can give one the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property for various different uses. Many surveyors today do not thoroughly research properties and do not always show easements on their work that may be crucial to the rights associated with a parcel of land.

10/11/2017· Accounting

Determining a Distressed Debtor Company Discount Rate, Part 1

By: Michael D. Pakter

This is Part 1 of a two-part article. This part discusses valuations of distressed debtor companies based on discounted cash flows and considers the impact of the date and stage of distress. Next month, Part 2 will describe how the financial analyst derives the cost of capital for a distressed debtor company.

10/6/2017· Accounting

Confirming Worst Suspicions: Hire a Forensic Expert To Find Hidden Assets

By: Michael J. Garibaldi CPA, ABV, CFF, CGMA

When a client voiced strong suspicions that her soon-to-be ex-husband was hiding assets, her attorney investigated the claim but found nothing amiss. However, he hired a forensic accounting expert to help ensure his client would receive an equitable share of the marital estate. The expert turned up a trunkload of hidden treasure - undeclared cash income and property "stashed" under the names of the husband's mother and siblings.

10/4/2017· Construction

A Reasonable Method to Estimate Loss of Labor Productivity Due to Overtime

By: Long International

In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.

10/4/2017· Telecommunication

5G Investment Threatened by Tech Titans Snatching Financial Growth from Mobile Operators

By: Keith Mallinson

Technology innovation by chip, device and equipment vendors plus intense competition among national oligopolies of mobile network operators has improved cellular performance and reduced costs to the enormous benefit of consumers. Meanwhile, recent financial gains in the mobile ecosystem are largely accruing to Silicon Valley's tech titans including Apple, Alphabet, Facebook and Netflix. The massive network investments required for 5G may not be forthcoming if this imbalance persists.

9/28/2017· Automotive - Vehicular

Safety Compromises: Part 1, Introduction

By: Ned Einstein

This new National Bus Trader piece is the first installment of likely a year-long series about types of incidents that result from trade-offs of safety for other benefits -- adherence to unrealistically-tight schedules (or drivers running behind schedule) being the principal culprit. Frankly, of the more than 600 public transportation-related lawsuits in which I have served as an expert witness, roughly half of all incidents see to be the result of some deliberate safety compromise.

9/27/2017· Land Mapping - Surveying - Zoning

The Professional Land Surveyor – An Essential Part of the Team

By: Frank S. Ferrantello

Now more than ever, it’s important for a land surveyor and lawyer to work as a team. The services of an experienced land surveyor can prevent future expenses or even the undertaking of defending a lawsuit.

9/25/2017· Economics

The Income Tax Treatment of Economic Damages Awards

By: Michael D. Pakter

Financial experts are frequently asked aboutthe tax impact of damage awards, both paidand received. The complexities of the InternalRevenue Code (IRC) and judicial interpretations thereofmake determining the taxability of receipts or payments difficult.The same is true when dealing with the taxability of economic damages awarded to plaintiffs in civil actions. Nuances in the IRC and the judicial interpretations may make it difficult for a taxpayer to determine the taxability of his or her proceeds from a litigation award of personal economic damages. Whether or not such is taxable often depends on how the award of economic damages is categorized and/or described in the awarding documents.

9/15/2017· Product Liability

A Viable Product vs. The Legal System

By: Dr. Carl J. Abraham

In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.

9/13/2017· Construction

Post Hurricane Flooding Tips and Frequently Asked Questions

By: Daniel D. Bawden

What is the first thing I should do if my home got flooded? Call your flood insurance company and file a claim, preferably before August 31st, when the flood settlement rates go down. How can I find out if I have flood insurance, and who to call?