ARTICLES

9/29/2015· Medical - Medicine

Spinal Manipulation and Stroke: The Legal and Medical Material Risks

By: Dr. Robert Bailey

As part of their educational process, practitioners of manipulative procedures are made aware of the possible association between neck manipulation and cerebrovascular accidents[i] (CVAs) as well as what to do in the event a CVA occurs during treatment.[ii] For any litigation considered regarding a stroke that closely follows spinal manipulation, the starting point for retained counsel is to ask what else could have caused or contributed to the stroke. Screening issues to consider include the following:

9/23/2015· Finance

FINRA Dispute Resolution Essentials

By: Bob Lawson

I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.

9/18/2015· Accident Prevention & Safety

A Commitment to Accident Prevention

By: Thomas Barth

Wherever your construction site happens to be, health and safety should be the first priority. OSHA regulations, of course, are a useful guideline to help ensure a safe work environment, but they are just that-guidelines.

9/9/2015· Crisis Management

Mass Casualties Related to Major Events Since 1900: Why the Tragedies Are Still Happening

By: Dr. Luiz Hargreaves

In 1903, a fire killed more than 600 people in the Iroquois Theater in Chicago. Most of the victims were children. Among the causes of this tragedy were inadequate emergency exits, insufficient and poorly signposted, overcrowding, lack of fire protection equipment and even suspicion of bribery of persons responsible for overseen the safety conditions of the Theater.

8/31/2015· Construction

Cabinetry & Millwork: Defective Design or Defective Workmanship? Who is Responsible?

By: Michael Panish

My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.

8/26/2015· Finance

FINRA Code of Arbitration and Discovery Guidelines

By: Bob Lawson

In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.

8/26/2015· Audio Forensics

Audio Forensic Analysis: What Happens In Jail, Stays In Jail... Or Does It?

By: David Smith

A confrontation between an inmate and a Corrections Officer leads to accusations of mistreatment on one side and claims of justifiable action on the other. It was one person's word against another until an unexpected recording came to light and, with the help of sophisticated audio forensic analysis and processing, the truth was revealed.

8/20/2015· Insurance

Experience Modifiers: A Flawed Benchmark For Safety

By: Edward Priz, CPCU, APA

A growing trend for many businesses has been for their customers and prospects to use their experience modification factor as a safety benchmark, requiring a modifier of 1.00 or 1.05 for those bidding on projects. A higher modifier can disqualify a firm from bidding on many projects, particularly governmental projects.

8/14/2015· Transportation

Buses and Motorcoaches: Blocking the Windshield, Missing the Point

By: Ned Einstein

With panoramic/wraparound windshields lying against the front plane, sun visors, tinted windshields, crossover and parabolic mirror systems, ergonomic driver compartments with tilting/telescopic steering columns and pneumatically-adjustable seats, video surveillance cameras and motion detection sensors - much less corrective lenses, sunglasses, annual vision examinations, and continual improvements in headlamps - one would think that bus drivers could see and react to large objects appearing directly in front of their vehicles. But, as many jurors learn, one would be wrong.

7/31/2015· Construction

Tower Cranes Warrant Closer Look

By: Thomas Barth

According to statistics, about 125,000 tower cranes are operating worldwide and, on average, are erected in 2 days on various jobsites to build skyscrapers. There are two types of cranes, tower and mobile, which can be purchased or rented depending on the company's scope of work. Mobile cranes are limited because they must be moved from location to location on the jobsite to maneuver materials. Tower cran es can be placed closer toge ther, have a radius of about 140 square meters, and can lift steel, concrete, and a va riable range of building material. Contractors can save 50 percent on the cost of material handling by using self-erecting tower cranes and onsite labor, saving thousands. Due to the flexibility of tower cranes, they are becoming more commercialized and are high in demand.