ARTICLES

12/28/2017· Economics

Assessing Economic Damages in Wrongful Termination Cases

By: Stanley P. Stephenson

This paper presents a method for measuring economic damages in wrongful termination cases. Such cases present the damages expert with a problem since the available studies of earnings recovery after a job loss are based on a limited time period after a job loss and many workers never catch-up to the previous earnings level. A two-step approach is offered. First, the expert uses appropriate available empirical evidence to develop a typical earnings catch-up period. Second, the expert gathers information about case factors affecting the duration of the period to earnings catch-up. Using these factors, the expert modifies the base time period to develop a reasonable range of years for earnings catch-up. The ultimate choice of lost earnings is left for the court to decide, given the range presented by the expert. Cases directly or indirectly supporting this method are presented.

12/27/2017· Intellectual Property

Tide turns in US and EU agencies' policies on SEP licensing

By: Keith Mallinson

The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."

12/14/2017· Economics

Why Law Firms Need Internal Controls

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

Most lawyers know how big a problem occupational fraud is in corporate America. They may even count as clients companies that have been defrauded and suffered significant losses. Yet a "not at my firm" attitude persists among many partners who take for granted the honesty and integrity of their colleagues and staff.

12/13/2017· Land Use

Condemnation & Ownership Rights

By: Frank S. Ferrantello

Property owners have rights and protecting those rights was a central part of the Founding Fathers' goals. Nevertheless, there are certain circumstances in which owners can have their property taken from them. The process through which private property is legally dispossessed by the government is known as condemnation. Property owners are entitled to fair compensation and have the opportunity to offer their own valuation information in condemnation proceedings. There are various factors to consider for accurate property valuation: size, zoning, structures, use, accessibility, adjacent properties, leases, etc. An essential part of due diligence is determining precisely what the property comprises.

12/11/2017· Economics

Effective Use of Economists as Expert Witnesses

By: Stanley P. Stephenson

Imagine you are lead counsel on an airline crash case in which more than 200 lives were lost, each involving a wrongful death case. A plaintiff attorney has hired an economist whose report on damages for one person, a Korean leather goods importer, exceeded $200 million. What should you do? Plaintiff’s expert is a Ph.D. from a top university who teaches economics and has many publications.

12/8/2017· Insurance

What You, As a Personal Injury Victim, Should Know

By: Darryl Horowitt

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.

11/20/2017· Finance

Understanding Financial Misstatement: The Least Common Type Of Fraud Can Also Be The Costliest

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

When a dishonest CFO or controller cooks the books, it can be devastating for the victim organization. In addition to direct financial losses, financial statement frauds erode trust between management and other stakeholders, including lenders, investors and employees who own company stock. Unfortunately, it's common for smaller companies to associate financial misstatement with large public companies that focus heavily on earnings per share.

11/20/2017· Land Mapping - Surveying - Zoning

Protect Your Investment

By: Frank S. Ferrantello

Retention of a professional land surveyor prior to purchasing land, planning, developing or designing improvements is vital to protect the investment. In New York, only a survey made by a licensed land surveyor can define the size and location of property purchases, and most importantly, accurately convey what is really happening on the property, such as easements, situations with adverse possession, or indentifying structures in relation to existing certificates of occupancy.

11/13/2017· Construction

Acceleration Claims on Engineering and Construction Projects

By: Long International

Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

11/9/2017· Mediation

The Benefits of Mediation

By: Darryl Horowitt

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.