ARTICLES

8/30/2017· Warnings & Labels

Close The Revolving Door

By: Dr. Gerald M. Goldhaber

Regulatory agencies (e.g., FDA, OSHA, CPSC, NHTSA, etc.) exist to serve and protect the public from bad actors in the corporate or industrial world whose decisions and actions may lead to products or services that could potentially harm or kill workers and consumers. It would seem obvious, therefore, that the leaders of these agencies would be strong, neutral and objective regulators without close ties to the very industries they must regulate. Under such a model, the best interests of the public could be served without concern for the profits of the regulated industries. Unfortunately, as anyone who reads any newspaper knows too well, that model has never been true. In fact, since the creation of virtually every regulatory agency, the leadership of these agencies have either come from or exited to the very industries they were to regulate.

4/18/2010· Digital Forensics

COFEE And The State Of Digital Forensics

By: Dr. Frederick B. Cohen

Computer Online Forensic Evidence Extractor (COFEE) is a software program developed by Microsoft for use by law enforcement. It was held closely by law enforcement for a period of time until it was revealed in the last year, and subsequently, several individuals released software intended to defeat the utility of COFEE.

9/16/2014· Aquatics Safety

Cold Calls: Ice Rescues Pose Unique Challenges For Responders

By: Gerald Dworkin

The following incidents and places, as well as the circumstances surrounding them, are fictional. On the Scene Dispatch at 16:04 hrs: KGT-597 to Rescue 15, respond to Bakersville Pond off Cemetery Island for a report of a dog through the ice, approximately 100 yards from shore.

12/28/2018· Intellectual Property

Commercially Reasonable Efforts - How an Expert Can Help

By: Peter Crosby

Imagine this scenario: Early stage company Smallco develops an exciting new technology, which it uses to create the prototype of its first product - Brakethroo! A large company in the same field, Bigco, becomes aware of Brakethroo, and realizes that if the product works as hoped, it could be a valuable addition to Bigco's product range. Bigco offers to buy the technology and product from the shareholders of Smallco. The merger and acquisition (M&A) agreement specifies an up-front payment, and one or more payments dependent on achievement of milestones. Bigco agrees to use "commercially reasonable efforts" to achieve the milestones. Smallco and Bigco sign the agreement, the shareholders of Smallco get an immediate payout and look forward to further milestone payments.

8/6/2013· Transportation

Common Carriers and Common Passengers

By: Ned Einstein

One of the most fundamental concepts of liability is that the defendant "takes the victim as he finds him." Apart from hospitals and nursing homes, few areas of modern life confront, litigate and test this principle as often as public transportation.

7/18/2007· Design

Common Design Mistakes

By: Margo Berman

Inexperienced creative ad majors often make the same types of mistakes in their layouts. These errors demonstrate a lack of awareness of the basic components of ad design. First, they do not have an understanding of overall composition. Second, they have a weak comprehension of the correct use and application of typography

8/17/2023· Speech-Language Pathology

Common Manifestation Of Death By Choking

By: Megan M. Hamilton, MS, CCC-SLP

It is not uncommon for documentation or discussion to use the term “choking” to describe instances in which food or liquid went “down the wrong pipe” or a significant cough occurred. Those instances are not, in fact, choking in the sense of foreign body airway obstruction that leads to death by asphyxiation.

9/11/2017· Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.

1/23/2018· Legal Issues

Commonly Asked Questions Regarding Collections

By: Darryl Horowitt

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.

8/1/2012· Technology

Communication Tips for Technology Professionals

By: Leo A. Wrobel

Technology professionals who are serious about seeing their career elevate beyond the level of bits and bytes will go above and beyond what their peers choose not to do. Noted author and technical futurist Leo Wrobel explains why verbal and written communication skills are key to not only keeping a job but climbing the corporate ladder.