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Product Liability / Defects Expert Witnesses: 40

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Product Liability / Defects (40)

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Dr. Gerald M. Goldhaber is President & CEO of Goldhaber Research Associates, LLC. Over the past 46 years, he has emerged as one of the nation's leading safety warning communication experts. Dr. Goldhaber has been retained in over 200 lawsuits dealing with the issue of warnings and has written numerous research articles on the subject of effective warning labels. His clients include over 100 of the top 500 corporations in the U.S. and 50 of the top 100 law firms and government agencies including the FDA, USDA, CPSC and the DOD. He has designed, developed and defended warning labels for International Playtex, Owens Corning Fiberglas, Dr. Pepper Seven Up, Rheem, Otis Elevator, Daikin USA, S. C. Johnson, and the Swimming Pool & ATV Industries.

Dr. Goldhaber has written and edited 11 books on the topic of communication. His 12th book, MURDER INC.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year...and What You Can Do About It is now in print, was an Amazon Best Seller and named by Kirkus Reviews as one of the top one hundred non-fiction books of 2020. For the past 14 years, he has published the Goldhaber Warnings Report, which reaches over 10,000 litigators nationwide. He has served as an analyst for numerous radio and television shows, most recently CNN Tonight. He has been selected as a member of Who's Who in America and Who's Who in the World.

Areas of Expertise:

Product Liability and Personal Injury

Warning Label Research

Warnings and Safety Communications

• Dr. Gerald Goldhaber's Curriculum Vitae Updated May 2024

• View Fortune 500 Client List

• More on Dr. Goldhaber's Litigation Support

• Live Interview with Dr. Goldhaber

• What should an expert look for in a client? Webinar with Dr. Gerald Goldhaber

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.

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10/22/2014 · Product Liability

Proposed Warning for Selected Foods

By: Dr. Gerald M. Goldhaber

Last month's issue of the Goldhaber Warnings Report focused on the dangers of added sugar to many products sold in the U.S. But sugar, while a major culprit in the causal chain leading to a variety of serious illnesses such as Type 2 Diabetes and other cardio-vascular diseases and certain cancers, is not the only food product that may need a safety warning. Let's look at a few potential examples of products that might benefit from a safety warning.

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9/9/2014 · Product Liability

Proposed Warning for Food Products with Excessive Sugar

By: Dr. Gerald M. Goldhaber

If you buy a box of Kraft Mac & Cheese in the UK (the same Mac & Cheese that is sold in the U.S.), the following warning label appears on the package: Warning: This Product May Cause Adverse Effects Activity AndAttention in Children. This warning is required because the U.S. version of Kraft Mac & Cheese has artificial food dyes yellow #5 and yellow #6, which are proven to be linked to hyperactivity in children. The warning does NOT appear in the U.S.

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7/28/2014 · Product Liability

Should Food Carry Warning Labels?

By: Dr. Gerald M. Goldhaber

Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

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6/25/2014 · Product Liability

FDA Warns Against DMAA: Supplement Makers Agree to Remove DMAA

By: Dr. Gerald M. Goldhaber

In the November, 2012 issue of this newsletter, I wrote that the FDA was investigating reports of deaths due to the intake of energy drinks and was determining if energy drinks were safe. Earlier this month, the FDA issued a harsh warning against energy drinks and supplements containing the stimulant dimethylamylamine (DMAA), telling consumers to stay away from it while adding that the agency was "using all available tools at its disposal" to ensure that it is no longer sold. This is a formidable task because we as a nation spend more than $12.5 billion a year on energy drinks, shots and drink mixes. Although seven other countries, including Canada, had previously banned supplements containing DMAA, these products had remained widely available at supplement stores in the United States, including GNC.

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5/22/2014 · Warnings & Labels

Can a Failure to Warn Lawsuit Against Carnival Win?

By: Dr. Gerald M. Goldhaber

This week, as my family and I prepare for a one week Caribbean cruise, the last thing on our minds is what legal recourse we may have should something go awry on our vacation. However, with the recent crippling of the Carnival Triumph which, following an engine fire, was adrift for four days with overflowiug toilets, unbearable heat and never-ending lines for food, the first two lawsuits have been flied agaiust Carnival Cruises.

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4/18/2014 · Warnings & Labels

Warning: Failure To Ignore Myths About Flu May Cause Flu

By: Dr. Gerald M. Goldhaber

According to news reported almost daily, we are and will continue to experience flu activity in the United States at record levels. Both the CDC and the Mayors of major cities such as Boston and New York have declared public health emergencies blaming the current raging flu epidemic. We all know the symptoms of the flu: aches and pains throughout the body; blocked or runny nose; chills and cold sweats, fever, fatigue or sore throat. Most medical experts agree that the quickest and safest way to prevent the flu is to get a flu shot and let the vaccine now on the market stop the epidemic spread of the flu. Sadly, as of this date, slightly more than 1/3 of our citizens got vaccinated.

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3/6/2014 · Warnings & Labels

Should Energy Drinks Have Warning Labels?

By: Dr. Gerald M. Goldhaber

Earlier this month, the New York Times reported that the Food and Drug Administration (FDA) had received claims that the drink 5-Hour Energy may have led to 13 deaths and 33 hospitalizations in the last four years. 5-Hour Energy is a highly caffeinated energy shot sold by Michigan-based Living Essentials (a unit of Innovation Ventures) in 2-ounce packages equivalent to drinking about two cups of coffee.

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1/29/2014 · Warnings & Labels

Warning: Obesity Rates In America Will Soar By 2030

By: Dr. Gerald M. Goldhaber

As we approach the holiday season this year, we should keep in mind a new study released last month warns that 42% of Americans could be obese by 2030 (up from 36% in 2010) and 11% could be severely obese, which means about 100 pounds overweight (vs. 6% in 2010). The study, done by the Trust for America's Health and the Robert Wood Johnson Foundation projects that in every state the rate of obesity could reach 42% and in thirteen states, that number could exceed 60% of the population. Mississippi, which currently leads the nation in obesity rates, could have as many as 2/3 of its population obese by 2030.

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12/26/2013 · Warnings & Labels

Warning: Bengay And Icyhot May Cause Chemical Burns

By: Dr. Gerald M. Goldhaber

Tara Godoy, the President of University Park Legal Nurse Consulting in the Northern San Francisco Bay Area recently brought to our attention via a posting on the Expert Witness Network that the FDA earlier this month has issued a consumer advisory warning the public that popular topical pain relieving products such as IcyHot and Bengay have been linked to a risk of a rare chemical burn injury.

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11/19/2013 · Warnings & Labels

Warning: Are Natural Foods Natural?

By: Dr. Gerald M. Goldhaber

Last month, two California mothers sued General Mills claiming that they falsely advertised and deceptively marketed its Nature Valley products as "natura1" when they contain highly processed ingredients such as high fructose com syrup, and high maltose corn syrup and maltodextrin, a thickener that also adds sweetness to food. The lawsuit was filed in the United States District Court for the Northern Division of California and charges General Mills with false advertising and anticompetitiveness under California law.

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10/17/2013 · Warnings & Labels

Synthetic Drug Retailers Sued By New York A.G. For Failure to Warn

By: Dr. Gerald M. Goldhaber

New York State Attorney General Eric Schneiderman filed 12 civil lawsuits on July 10,2012 throughout New York State against 16 head shops that sold synthetic drugs which were marketed as different products such as glass cleaner, potpourri, bath salts and spice. The main claim in these lawsuits is that the products violate consumer protection laws for labeling by failing to warn consumers of the products' content, safety and health risks.

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9/27/2013 · Warnings & Labels

Do Football Helmet Warnings Prevent Injury?

By: Dr. Gerald M. Goldhaber

Anyone who bas seen a football helmet in recent days may be swprised at the bluntness of the warnings advising players that the very product they are wearing to prevent injury may not do that at all. For example, the warning that appears inside helmets manufactured by both Schutt Sports and Rawlings contain Oris conclusion:

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4/29/2013 · Warnings & Labels

Warning: Mayor Bloomberg's Food Policies For New York City May Be Beneficial To Your Health

By: Gerald M. Goldhaber, PhD

Mayor Michael Bloomberg of New York City this month has proposed a ban on restaurants, theatres and food carts regulated by the City selling soft drinks in excess of 16 ounces.

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3/25/2013 · Warnings & Labels

When Suing a Drug Company For Failure to Warn: Avoid Generics

By: Dr. Gerald M. Goldhaber

I just came back from my phannacy where I picked up two prescriptions for my seasonal allergies. One was a name brand product and another was a generic.

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2/19/2013 · Warnings & Labels

U.S. Judge Halts Implementation of Graphic Cigarette Warnings

By: Dr. Gerald M. Goldhaber

Last month, Judge Richard J. Leon of the United States District Court in Washington, D.C. permanently blocked the FDA reqillrement that was to go into effect later this year that would have forced the tobacco industry to put extremely graphic warnings on the top half of the front and back of a pack of cigarettes.

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12/12/2012 · Warnings & Labels

"Warning: Don't Supersize Me," Says NYC

By: Gerald M. Goldhaber, PhD

New York City has done it again! Mayor Bloomberg (or as some call him, NYC's Nanny-In-Chief) and his City Health Department has declared war on oversized restaurant portions.

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9/5/2012 · Warnings & Labels

Warning: Automobile Connectivity May Lead To Early Grave

By: Gerald M. Goldhaber, PhD

My former business partner, Marshall McLuhan was fond of telling me that North Americans go out of their homes to be quiet (compared with Europeans who go out to be social).

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7/13/2012 · Warnings & Labels

Product Warnings: The Wackiest Warnings of 2011

By: Gerald Goldhaber

The awards season is already in full gear this year. The Golden Globes have already been given out and the Oscars will be determined by the end of this month.

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2/18/2010 · Warnings & Labels

Do We Need To Warn Parents About The Dangers Of Playing Football?

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report:...Unlike its previous hearingswhich addressed the NFL’s lack of adequate protection against brain injuries, the Houston hearing focused on risks faced by younger football players. Several million high school and college students play football...

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2/18/2010 · Warnings & Labels

Should Cellphones Have Warning Labels?

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report: On January 2, of this year, The New York Times published an article about the possibility of heavy cellphone use being linked to brain cancer. Since approximately 280 million people use cellphones

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8/26/2009 · Warnings & Labels

The Age of Our Warnings Contempt: Forbidden Fruit Theory

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report: This past weekend as Hurricane Bill brushed past the Eastern Coast Line of the United States, bringing dangerous riptides to our shores, police and lifeguards posted explicit warning signs (reinforced by nonstop media coverage about the dangers of these riptides) closing beaches from North Carolina throughout New Jersey, New York and New England. Despite this barrage of warning and safety information, who can forget the televised images of the hundreds of apparent daredevils, mostly young men, ignoring the warnings and entering the beaches to look at the waves, and even swim or surf in the turbulent waters!

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6/19/2009 · Warnings & Labels

Samples of Effective Product Warnings

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report: In the last issue of this newsletter, I listed the major components found in most warnings along with making several suggestions that should help improve a warning’s conspicuousness and make it more likely to gain the attention of the product’s user at the time of use. The following is an example of a warning that

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6/19/2009 · Healthcare

The U.S. Supreme Court Ruling (Levine vs. Wyeth) Has MAJOR Implications For Potential WARNING Claims Against Pharmaceuticals…

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report: The U.S. Supreme Court ruling (March 5, Levine vs. Wyeth) will have major implications for the pharmaceutical industry forcing them literally to review all of their warnings and safety instructions for content, clarity and conspicuousness

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3/16/2009 · Product Liability

How to Design a Product Warning: Best Practices

By: Dr. Gerald Goldhaber

The Goldhaber Warnings Report: In the last issue of this newsletter, I listed four key questions that must be answered when conducting a warnings review. Answers to these questions, as well as following the detailed steps I now provide, should help you determine whether or not you need to warn or, if you already warn, whether or not your warning(s) is/are adequate

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Murder, Inc.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year...And What You Can Do About It

Dr. Gerald Goldhaber

Do you assume the products you buy, the food you eat, the medicines you take, and the cars you drive are safe? Think again. We're exposed on a daily basis to life-threatening hazards of which we're often unaware. In this hard-hitting expose', Dr. Gerald M. Goldhaber examines the outcomes when corporate profits trump public safety. He uncovers the dismal history of government regulatory agencies that are supposed to protect us, but instead appoint leaders who come and go from the same industries they're tasked to regulate...

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Harvey C. Voris’ entire engineering career has been devoted to the Fitness Industry. He has over 35 years of Fitness Equipment Design experience and has been issued 7 U.S. utility patents. Mr. Voris has a Bachelors of Science in Engineering from UCLA with a specialization in Bio Structural Mechanics.

Mr. Voris' Masters in Engineering is from Cal State Long Beach where he specialized in Fatigue and Failure Analysis. He has spent 21 years devoted to the development and promotion of safety standards for the fitness industry. Mr. Voris has authored numerous standards and has chaired the ASTM committee devoted to fitness standards development since 1995.

Litigation Support - Mr. Voris provides engineering analysis and accident reconstruction related to consumer and fitness products and facilities. His services are available to attorneys representing both plaintiff and defense. With 35 years of experience, a biomechanics background, and extensive experience in design and product testing, Mr. Voris speaks with authority on the following critical issues:

Product Liability - Patent Development - Patent Infringement - Facility Risk Management - Standards Compliance

View Harvey Voris' Consulting Profile.

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Meyer R. Rosen, FRSC, FAIC, CPC, CChE, is a leading creative consultant for the Legal Profession and specialty Chemical / Personal Care Industries. He is the Founder & President of Interactive Consulting, Inc. (www.chemicalconsult.com).

Meyer is a Forensic Litigation expert for both plaintiff and defense in hazardous chemicals, products liability, personal injury, spa injuries, bleaching, hair coloring, fires and explosions, intellectual property and trade secret cases. He also provides Technical Marketing, New Business Development, Technical Consulting and Professional Editing services internationally to the Specialty Chemical, Personal Care, Cosmetic, Pharmaceutical, Medical Device, and Allied Industries.

Meyer also has 15 years of experience as a Professor of Fire Technology at Westchester Community College. Mr. Rosen is Editor- in- Chief of Harry’s Cosmeticology, 9th Ed. A 2,600-page trilogy on all aspects of the cosmetic industry (www.harryscosmeticology.com)’ as well as being Emeritus-Editor-in-Chief for EuroCosmetics magazine (Germany) and Editor-in-Chief of the Delivery System Handbook.

Technology Expertise (Intellectual Property/Chemical Industry): Mr. Rosen provides consultation and litigation support in patent infringement, trade secret issues, and licensing matters. His scientific areas of expertise include, but are not limited to:

Organosilicones: Surfactants, Emulsions, Foams, Antifoams, Silane Coupling Agents
Water Soluble Polymers, Poly(ethylene oxide), Polyethylene Glycol, and Poly (acrylamide) and Water Insoluble Polymers
Colloid and Surface Chemistry: Stability of Dispersions, Wetting & Spreading Phenomena, Suspensions & Emulsions, Clays, Paint & Coatings, Personal Care, Cosmetics
Flocculating and Coagulating Agents
Applied Rheology, Rheology Modification of Aqueous & Non-Aqueous Media

Certifications:

Chartered Chemist and Fellow: Royal Society of Chemistry – London
Nationally Certified Professional Chemist and Professional Chemical Engineer
Fire and Explosion Expert (Advanced Training)
Fellow: American College of Forensic Examiners
Fellow: American Institute of Chemists
Diplomate: American Board of Forensic Examiners
Diplomate: American Board of Forensic Engineering and Technology

View Meyer Rosen's Consulting Profile.

• View Meyer Rosen's Curriculum Vitae

• View List of Publications: Books, Technical Articles, Conference Presentations

• 9th Edition of Harry's Cosmeticology Launched - Meyer Rosen Interview

• More on the Harry's Cosmeticology website

• Oct. 2017 Seminar Announcement: The age-defying paradigm

• Harry's Cosmeticology 9th Edition

• Meyer Rosen's Interview with Lawyer Monthly

8/27/2024 · Product Liability

Product Liability and Personal Injury Involving Hair Coloring and Scalp Burns

By: Meyer R. Rosen

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, retailers, and others involved in the production and sale of products to ensure that such products are safe for consumers. When a product causes harm or injury due to a formulation defect, consumers may have the right to seek compensation through a product liability/personal injury lawsuit

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3/13/2020 · Product Liability

Approaching Product Liability as an Expert Witness

By: Meyer R. Rosen

The successful attorney-chemical expert “dyad” is, in my opinion, critically dependent on creating a trusting, workable, two-way communication. The expert must be able to educate the attorney in the complexities of the subject case, so that the attorney is comfortable in mediation or court procedures.

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10/9/2012 · Chemical Industry

Intelligent Delivery Systems for Enhancing the Performance of Active Ingredients in Skin Care Formulations

By: Meyer R. Rosen

The skin is a miraculous organ and the cosmetic & personal care industry continues to make improvements on how to maintain the health and beauty of this organ, the largest in the body. Much of the radiant youthful glow on the skin is often achieved through the delivery of advanced, active skin care products.

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9/12/2012 · Chemical Industry

Improving Cosmetic Formulation Quality Through Innovative Processing Technology: Preparation of MicroDroplet/Particle Master Batches through Innovative Compounding Techniques

By: Meyer R. Rosen

The intimate, uniform and lump-free mixing of a formulation containing two or more fluid components, one being lipophilic and the other hydrophilic, with or without the addition of powdered solids, to form a stable emulsion is a complex process.

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Harry's Cosmeticology 9th Edition 3 Volume Set

Meyer R. Rosen

The 9th edition has been doubled in size over the 8th edition and is available in both hard copy and e-book versions as well as eight shorter “Focus Books” taken from the full encyclopedic three volume edition.” All of the Focus Books are coordinated with educational presentations being conducted during the InCosmetics N.A. conference and exhibition.”

Rheology Modifiers Handbook: Practical Use and Application (Materials and Processing Technology)

Meyer R. Rosen

This is the first single-volume handbook with the information a researcher needs to select the best rheology modifiers for his/her project. Information on 20 different types of rheology modifiers manufactured by 26 companies worldwide is described. These range from Acrylic Polymers to Xanthan Gum. This handbook was written because, in the authors' experience, the selection of a rheology modifier for specific applications is an arduous task.

"Delivery System Handbook for Personal Care & Cosmetic Products: Technology, Applications and Formulations." Series Editor: Personal Care & Cosmetic Products

Meyer R. Rosen

Novel delivery systems designed to facilitate the use of fountain of youth and other functional actives is an idea whose time has come...This must have book has been carefully designed for training, development and synergistic technology transfer across the personal care, cosmetic and pharmaceutical industries.

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Mitch Jackson is a master communicator, lawyer and private mediator with over three decades of experience in the private sector. He's personally tried more than 70 trials and has a consistent track record of obtaining and negotiating numerous million-dollar verdicts and settlements, Mitch brings a massive amount of expertise to every case and matter he handles. He's served as a Judge Pro Tem with the Orange County Superior Court and fees mediator with the Orange County Bar Association.

Mitch’s accolades speak volumes: he’s an “AV” rated lawyer, the highest independent peer honor for ability and ethics by Martindale-Hubbell. He’s also been named California Litigation Lawyer of the Year in 2013 and Orange County Trial Lawyer of the Year in 2009.

When he's not in the courtroom or successfully mediating a resolution to a dispute, Mitch is on the move—traveling, speaking at conferences, and sharing insights through his blog and books. He’s written and co-written several notable works, including:

"AI in Law- Revolutionizing Your Legal Practice with Innovative Strategies and Tools" (click to read)

"Mastering The Art of Negotiation- Insider Secrets for Business Owners, Entrepreneurs, and Professionals"

"The Mediator's Handbook: Turning Conflict into Collaboration"

"From Courtroom to Boardroom: A Trial Lawyer's Guide to Winning Negotiations!"

"How to Create AI, Web3, and Metaverse Branding and Licensing Opportunities"

"The Web3, Metaverse, and AI Handbook"

"From AI to Blockchain: 14 Technology Trends Every Lawyer Must Know!"

"The Ultimate Guide to Social Media for Business Owners, Professionals, and Entrepreneurs"

Mitch’s influence extends beyond the legal field. He’s twice graced the stage at the Tony Robbins Business Mastery Event, captivating audiences of thousands. As a consulting expert in Sue Scheff’s "Shame Nation" and a contributing author to California’s Continuing Education of the Bar (CEB) in "Effective Introduction of Evidence in California - Chapter 54 Electronic and Social Media Evidence," Mitch is a sought-after thought leader.

Stay connected with Mitch on Linkedin and explore more of his work at his blog mitchjackson.com

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From AI to Blockchain: 14 Technology Trends Every Lawyer Must Know!

Mitch Jackson

Are you a lawyer who’s struggling to keep up with rapidly evolving technology? Are you doing all you can to stay ahead of the curve in your legal practice? Imagine missing out on valuable insights and opportunities because you are not aware of, or do not fully understand, the legal opportunities and ethical implications of the 14 most important technology trends in today’s quickly changing world.

The Web3, Metaverse and AI Handbook: How to leverage new technologies, create unique brands, and drive additional lanes of revenue

Mitch Jackson, Garret Jackson

In their new book, “The Web3, Metaverse and AI Handbook,” co-authors Garrett Jackson and Mitch Jackson, along with the help of their assistant Kai the AI, share thought-provoking technologies, approaches, and ideas to help you leverage new technologies and create unique brands, one-of-a-kind opportunities, and drive additional lanes of revenue.

The Ultimate Guide to Social Media For Business Owners, Professionals, and Entrepreneurs

Mitch Jackson

“The Ultimate Guide to Social Media for Business Owners, Professionals, and Entrepreneurs” shares my personal approach to doing business on social media which has helped my firm bring in million dollar cases. It also gives you immediate access to the crowdsourced brilliance of 47 social media and communication experts from around the world who show you, through real-world examples, how they use social media to build their brands, top of mind awareness, and dominate their markets.

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The four PhD and registered PEs at Miller Engineering are celebrating 40 years of Professorships at three universities along with providing services to Government, Insurance, and Industry—through research, publications, presentations, and expert testimony. We have a dedicated office with a full time staff of engineers, researchers, and technical writers. The span of our collective academic and experiential expertise covers well the Mechanical, Electrical, Chemical, Agricultural, Industrial, Human Factors, Ergonomic and Safety fields of engineering. The areas listed below are from actual projects completed in our 40 years of history.

Vehicles

Car/Truck Accident Reconstruction
Crash Data Retrieval (CDR)
Visibility & Reaction Time Analysis
Tires, Trailers, Brakes & Accelerators
Truck/Off Road Vehicle Egress/Ingress
Traffic Signing and Construction Zones
Electronic Vehicles

Mechanical & Electrical Safety

Product Safety & Analysis
Machinery - Metal, Wood, Plastic Molding
Machine Guarding & Safety, Robots, Automation
Hazard and Risk Analysis
Employee Safety Procedures – OSHA
Electrical Distribution & Transmission Hazards

Warnings & Instructions

Warning Labels & User Manual Design
Hazard Analysis & Product Label Designs
Medical Device & Drug Warnings & Instructions
Inadequate Warnings Analysis
Standard Compliance (ANSI Z535)
Product Recall Information & Strategies

Consumers/Household Safety

Appliances & Tools
Child Furniture, Choking, Playgrounds
Swimming Pools & Exercise Equipment
Recreation - ATV, Boats, Bicycles, Boards
Ladder, Stair, Step and Railing Accidents
Slip, Trip, & Fall Accidents
CPSC Recall Information & Strategies

Chemicals Safety & Labeling

NEW OSHA HAZCOM (2012) & GHS Review
MSDS, SDS and Product Label Compliance
Toxic Torts - Diacetyl, Asbestos, Benzene, Lead, Carbon Monoxide
Vaping & E-Cigarette Health Effects

Chemical Exposures & Workplace Safety

Chemical Inhalation, Ingestion, Dermal Contact
Contamination - Water & Environmental
Manufacturing & Process Line Accidents
Slips, Trips, Falls, & Entanglements

Fires & Explosions

Cause & Origin Investigations
Gas, Vapor, & Electrical
Spontaneous Combustion
Vaping & E-cigarette Battery Failures
Fire Control & Explosion Issues

Agriculture

Tractor & Equipment Accidents
Chemical Applications & Exposures
Crop Storage & Harvesting Accidents
Pesticides

Construction

Vehicle Visibility Accidents
Slip, Trip, & Fall Accidents
Power Tool Repetitive & Immediate Injuries
Scaffolding - Cranes - Hoisting - Fork Lifts

Insurance Subrogation & Forensics

Accident Investigations
Electrical & Fire Causation
Chemical Leakage Damage
Defective Equipment Injuries
Premise and Process Damages

James M. Miller, PE, PhD – Founder Dr. Miller is an Emeritus Engineering Professor at the University of Michigan. He has directly served in Washington originating several Federal OSHA safety regulations, and interacts regularly with CPSC regarding safety and product recalls. Dr. Miller often works on projects relating to compliance with occupational safety standards, provides upper management guidance on product design, recall and liability issues, and serves as an expert witness.

Mark R. Lehto, PhD – Co-Founder Dr. Lehto is a Professor of Engineering at Purdue University. He completed his Ph.D. in engineering at the University of Michigan, where he specialized in Human Factors Engineering, in particular Warnings and Labeling. Dr. Lehto specializes in knowledge engineering, warnings and instructions, structuring expert systems, accident modeling, accident statistical analysis, consumer product safety, boating safety, in-field national surveys of product usage, and product information effectiveness.

Adam M. Olshove, PE, MSE – Engineering Manager Mr. Olshove has over 10 years of experience providing consulting services to industry and the legal profession. He holds an MS in Mechanical Engineering with a focus on control systems and battery modeling (2019), and a BS in Mechanical Engineering (2012), both from the University of Michigan. He has performed dozens of on-site investigations nationwide in relation to consumer product design and industrial accidents, including failure analysis and testing.

James M.L. Miller, MS, PhD, EIT – Engineering Associate Dr. Miller is an Assistant Professor of mechanical engineering at Trine University in Angola, Indiana. Dr. Miller graduated with a Ph.D. degree in mechanical engineering and electrical engineering from Stanford University in 2021, advised by Dr. Thomas W. Kenny. At JMME he has applied his expertise to biomedical heat transfer problems and energy management in hydroelectric systems, solar arrays and portable battery usage.

Jeffrey D. Rupp, MSE – Engineering Associate Mr. Rupp has a BS in mechanical engineering from the University of Michigan and a MS in systems engineering and engineering management from Wayne State University. Among his company affiliates is 26 years with Ford Motor Company and Volvo Car Corporation, where he was involved in crash development and crash sensing calibrations.

Introduction to Human Factors and Ergonomics for Engineers, Second Edition

Mark R. Lehto & Steven J. Landry

Introduction to Human Factors and Ergonomics for Engineers, Second Edition presents and integrates important methods and tools used in the fields of Industrial Engineering, Human Factors and Ergonomics to design and improve jobs, tasks and products. It presents these topics with a practical, applied orientation suitable for engineering undergraduate students.

Introduction to Human Factors and Ergonomics for Engineers

Mark R. Lehto, Steven J. Landry & Jim Buck

Emphasizing customer oriented design and operation, Introduction to Human Factors and Ergonomics for Engineers explores the behavioral, physical, and mathematical foundations of the discipline and how to apply them to improve the human, societal, and economic well being of systems and organizations.

Warnings: Fundamentals, Design and Evaluation Methodologies, Vol. 1

Mark R. Lehto & James M. Miller

Instructions and Warnings: The Annotated Bibliography

James M. Miller, Mark R. Lehto & J. Paul Frantz

Warnings & Safety Instructions: Annotated and Indexed

James M. Miller, Mark R. Lehto

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Dr. Mayer is an independent consultant and scholar that (for identification only) holds the position of Visiting Fellow in Human Flourishing, Harvard University. He has been a full-time tenured professor with recent appoints in statistics, biostatistics, epidemiology, biomedical informatics, public health and medicine (psychiatry). He held various titles including, Professor (Part-time), Bloomberg School of Public Health and School of Medicine, Johns Hopkins University, Affiliated Professor, Mayo Clinic/ASU joint program in Biomedical Informatics, a member of the Research Staff at Mayo Clinic, and Professor at Arizona State University.

Dr. Mayer continues to do research and mentor young physicians and medical students while doing a limited amount of consulting in epidemiology, biostatistics, statistics, observation studies and clinical trials. His consulting projects often focus on model development, execution and inferences. He is one of the few MD/PhD epidemiologists. He led a group of 6000 physicians and epidemiologists that reviewed the science of COVID-19

• View Dr. Lawrence Mayer's Curriculum Vitae

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Leonard J. Backer has over 28 years of extensive and successful Seating, Tables and Furniture Industry experience in all key areas. Mr. Backer has been directly involved in the design and development of 250+ seating and table collections. He specializes in Private Label Manufacturing, Sourcing, and Product Development expertise. Mr. Backer provides aggressive Expert Witness and Litigation Support services to attorneys, insurers and businesses for Plaintiff or Defense. He performs site inspections, detailed product reviews and incident analyses. He has worked with law firms and insurance companies to develop and coordinate strategies for various types of legal actions and lawsuits. Very strong hospitality background. Mr. Backer has extensive experience with hotel, restaurant, cruise ship, retail store and senior living incidents. Personal Injury and Product Liability Cases. He provides detailed analyses, written opinions, and expert witness reports for clients throughout the U.S. Strong proven deposition and court testimony. Areas of Expertise:

Furniture Based Disputes, Claims, or Legal Actions
Chair Failures
Seating Product Liability
Personal Injury
Purchasing Disputes
Seating Product Design / Performance Issues
Design Knockoffs

Sales Rep. Commission Disputes
Designer Royalties
Exclusive Distribution Agreements
Product Evaluation
Warranty Issues
Product Launch Failures
Private Label Development Agreements
Evaluation of Management Performance

View Leonard Backer's Consulting Profile.

• Leonard Backer Curriculum Vitae

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• LinkedIn Profile

• List of Retained Cases

• Deposition & Testimony List

10/2/2019 · Hotels & Hospitality

Residential Seating is Not Safe Enough for Commercial or Hospitality Use

By: Leonard Backer

Many restaurants, independent hotels and timeshare resorts have much tighter budgets these days when it comes to purchasing seating for their properties. At the same time, there seem to be many “attractive” options available for their chairs, barstools and benches...

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6/4/2015 · Design

Personal Injury: Pay More Attention To The Chairs

By: Leonard Backer

Basic but very important points which could help minimize owners' liability and financial exposure to accident and personal injury claims on their premises.

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John L. Ryan, BSME, P.E. is a Mechanical Engineer who provides general Mechanical and Structural Engineering expertise. Mechanical and Safety Engineering (MASE) provides full service analysis and accident reconstruction of products involved in accidents.

Mr. Ryan's services have been requested for attorneys and insurance companies needing forensic engineering expert witness testimony to determine whether machinery and products involved in injury cases were adequately designed or whether they have a Design, Manufacturing, or Material Defect. All products are lab-tested on site to determine adherence to industry standards and engineering design protocol. Alternate preventative designs are developed when none exist commercially.

Mr. Ryan is available for both Plaintiff and Defense, depending on the individual case. His services include producing high quality reports and visual aids in the courtroom such as scale models to help explain accident scenarios and alternate designs to judges and juries.

Areas of Expertise:

Accident Investigation and Reconstruction
Machine Guarding Accident Investigation
Climbing Gym Accidents
Belay Device Failure
Rock Climbing Accidents
Fall Protection Failures
Ladder Failure Investigation
Tree Stand Failures
Industrial Accidents
Power Press Accidents
Connection Failures
Bolt Failures
Weld Failures
Testing Products to Industry Standards to Determine Compliance
Design Defect Analysis
Structural Analysis of Buildings
Product Liability Investigations
General Engineering Injuries and Issues
Industrial safety
Engineering Continuing Education
Product Certification

View John Ryan's Consulting Profile.

• John L. Ryan's Curriculum Vitae

• Consulting

• Product Liability

• Literature

• MASE Newsletter & Articles

12/15/2015 · Accident Investigation & Reconstruction

Forensic Clues: Tree Stand Accidents

By: John Ryan, BSME, PE

Tree stand accidents occur frequently during hunting season, causing a variety of injuries from broken bones to paralysis and death. Tree stand accidents involve a variety of causes, including falls from the tree stand, collapse of the tree stand, fires, self inflicted gunshot wounds, and asphyxiation. A study by the Center for Disease Control examined hunting accidents from 1979-1989. 214 of 594 deer hunting related accidents involved tree stands. 52% of these tree stand accidents were due to falls from the stand, 32% were due to collapse of the tree stands.

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11/9/2015 · Accident Investigation & Reconstruction

Forensic Clues: Ladder Accidents Part 2 - Extension Ladders

By: John Ryan, BSME, PE

This issue of Forensic Clues is the second installment of an examination of ladder accidents. Last month we explored stepladders, this month we will be discussing extension ladders. Ladder accidents are a very common occurrence. Over half a million people annually seek medical attention due to ladder accidents. Over three hundred people are killed yearly in these often preventable accidents. This is a serious problem.

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10/27/2015 · Accident Prevention & Safety

Forensic Clues: Ladder Accidents Part 1 - Stepladders

By: John Ryan, BSME, PE

Ladder accidents occur frequently, often with very serious consequences. Ladders are tools that people use repeatedly, at home and on the job. The CPSC (Consumer Product Safety Commission) states that there are more than 164,000 emergency room-treated injuries annually due to ladders in the United States.

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9/15/2015 · Fires & Explosions

Dust Explosions and Prevention

By: John Ryan, BSME, PE

A study by the National Fire Protection Association (NFPA) of important dust explosions in the U.S. from 1900 to 1956 found 1123 explosions. The type of material involved in the explosions ranged from wood, food and feed, plastics, coal, metals, paper, and chemicals. These explosions resulted in a total of 676 fatalities. The most frequent explosions consisted of food particle explosions. These accounted for over 50% of the total explosions. Wood dust explosions were also frequent, accounting for 14.5% of the total explosions.

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7/27/2015 · Engineering

Forensic Clues: Principles of Engineering Design

By: John Ryan, BSME, PE

The nursery rhyme involving Humpty Dumpty is a child's first lesson in safety. What would keep Humpty Dumpty safe as he is sitting on the wall? A warning or a railing?

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6/29/2015 · OSHA

Forensic Clues: Power Press Safeguarding

By: John Ryan, BSME, PE

The Bureau of Labor Statistics estimates that between 1,600 and 2,000 amputations occur annually due to power press operation. Another 18,000 people receive less serious injuries annually. Injury statistics compiled by OSHA for the years 1975 through 1983 confirm these figures. These numbers are alarming and unnecessarily high. Power presses can be used safely when the presses are properly designed to minimize the hazard that the operator is exposed to.

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5/26/2015 · Machinery

Forensic Clues: Agricultural Machinery - PTO Hazards

By: John Ryan, BSME, PE

Every year there are thousands of debilitating injuries and deaths on farms. Many of these are related to power take-off's (PTO's). PTO shafts are used to power various farming implements, from mowers, hay balers, augers, and many other types of farming machinery. The PTO shaft was invented in the 1930's. The PTO shaft is essentially a shaft powered by the tractor engine that rotates at high speeds, providing power for a wide array of implements. While this provides a convenient source of power to drive farm implements, serious accidents can occur due to entanglement in PTO's. PTO's must be properly equipped with guards including master shields which covers the stub shaft and universal joint. These shields prevent inadvertent contact with the rotating machinery. Contact with unshielded rotating PTO parts can instantly pull a person into the PTO, causing catastrophic damage.

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5/7/2015 · Accident Investigation & Reconstruction

Forensic Clues: Climbing Accidents

By: John Ryan, BSME, PE

Rock and ice climbing have become increasingly popular in recent years. Climbing is now a popular form of exercise and adventure, and a great way to enjoy the outdoors. Unfortunately the greater numbers involved in the sport has led to greater number of accidents. Climbing gyms have brought climbing to areas without outdoor rock resources. These indoor gyms use artificial holds to simulate rock walls. Indoor climbing gyms typically have climbs ranging from twenty feet to fifty feet, or more. Bouldering areas are shorter in height, with adequate padding to protect climbers from falls without the need for ropes.

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4/7/2015 · Product Liability

Forensic Clues: Failure to Maintain

By: John Ryan, BSME, PE

While many accidents involving products are the result of a product defect that leads to injury of the product user, accidents can also be the result of a failure caused by lack of maintenance or inspection. This issue of Clues will examine the theory behind failure to maintain accidents, as well as provide examples of common accidents that are due to a lack of maintenance.

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3/3/2015 · Accident Investigation & Reconstruction

Forensic Clues: Material Science and Accident Reconstruction

By: John Ryan, BSME, PE

Material science is a broad field that has applications in numerous fields. In product injury cases, material science can help identify defects, determine causes of accidents, determine failure modes, and identify inconsistent manufacturing processes.

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1/21/2015 · Product Liability

Forensic Clues: Products and Child Safety

By: John Ryan, BSME, PE

No one likes to see children get hurt, especially when it could be prevented. Poor design, manufacturing defects, material defects, assembly errors, and the lack of a hazard analysis can result in hazardous products that injure people. Many products are put in stores that may have never been looked at by a design engineer and/or a safety specialist.

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12/10/2014 · Accident Investigation & Reconstruction

Forensic Clues: Fishing and Boating Accidents

By: John Ryan, BSME, PE

Fishing and boating accidents result in thousands of injuries each year. The U.S. Coast Guard reported 3331 injuries and 709 fatalities due to boating accidents on both recreational and commercial vessels. There are many causes for these accidents, including collisions with objects or other vessels, drowning, electrical and mechanical failures, interaction with unguarded machinery, and others. There are various acts and laws that govern accidents at sea. This issue of Forensic Clues will examine some of the preventable accidents caused by defective machinery and equipment that occur at sea, and a brief overview of the laws and regulations affecting product liability litigation related to maritime accidents.

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11/4/2014 · Accident Prevention & Safety

Forensic Clues: Paintball Accidents

By: John Ryan, BSME, PE

Paintball is a fun activity for all ages, and can be a safe sport if proper precautions are made. Serious eye injury can occur if a paintball impacts the eyeball, making goggles and facemask a requisite part of paintball. Accidents happen in backyard paintball games most frequently, but also at commercial paintball operations. This Clues will examine the typical preventable paintball accidents, as well as examine product failures that can lead to accidents while playing paintball.

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9/24/2014 · Accident Investigation & Reconstruction

Forensic Clues: Accident Reconstruction

By: John Ryan, BSME, PE

Accident reconstruction involves attempting to determine the sequence of events of an accident and is a crucial part of product liability cases. Understanding exactly what occurred in an accident gives an engineer the best chance of preventing the accident from occurring again. Often there is limited information to base conclusions on what really happened in an accident. Understanding what goes into accident reconstruction will help attorneys understand what information is crucial to this process. Witness testimony is unreliable at best but must be analyzed and cross referenced with the other available information.

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8/21/2014 · Accident Prevention & Safety

Forensic Clues: Lawnmower Accidents

By: John Ryan, BSME, PE

Lawnmowers cause over 50,000 emergency-room visits every year, based on NEISS data on consumer product injuries. These injuries are distributed evenly between ride-on and walk-behind style mowers. The necessary cutting action of a mower results in an inherent hazard, until technology is developed that can cut grass but not living tissue. While various safety advances over the years have reduced the amount of injuries, the extremely high number of accidents related to mowers that continue to occur show the need for further enhancement of product safety.

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7/17/2014 · Accident Investigation & Reconstruction

Forensic Clues: Machine Guarding Accidents - Who is Responsible?

By: John Ryan, BSME, PE

Machine guarding accidents cause many accidents and fatalities every year, despite the availability of modern safety technology. In the years from 1992-1996, one study from the Bureau of Labor Statistics (BLS) reported annual injuries due to workers being caught in machinery of 34,350. In 2012 contact with an object or equipment had the second highest workplace fatality rate at 712 deaths.

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6/10/2014 · OSHA

Machine Guarding-Employer or Manufacturer Responsibility?

By: John Ryan, BSME, PE

OSHA was created through the Occupational Safety and Health Act of 1970. OSHA's mission is to ensure worker safety by creating and enforcing safety and health standards. OSHA does many good things to help maintain a safe workplace, but manufacturers often try to hide behind the shield of OSHA, putting blame on an employer for unsafe machinery or working conditions, when often the machinery was never safe to begin with. Some standards promote safety and some standards protect the manufacturer from product liability law suits. Most industrial standards are voluntary, unless they are specifically referenced in a Code of Federal Regulations / OSHA standard. OSHA standards are Federally mandated and are enforced by the Federal government.

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5/7/2014 · Hazardous Materials

Stored Energy Hazards and Accidents

By: John Ryan, BSME, PE

Stored energy is accumulated energy, which can release suddenly, potentially causing serious injury or death. Stored energy has many forms, including pressurized gases and liquids, stored mechanical energy, stored electrical energy, and gravitational potential energy. Stored energy is particularly dangerous because the hazard still exists when the original source of energy is removed. This issue of Clues will explain the various forms of hazardous stored energy, how these energies can cause damage or injuries, and how to prevent stored energy accidents.

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4/7/2014 · Product Liability

Advances in Table Saw Safeguarding-Saw Stop

By: John Ryan, BSME, PE

Table saw accidents occur frequently, often resulting in serious accidents when the operator comes in contact with the saw blade. The difficulties in guarding table saw blades with conventional guarding techniques often leads to ineffective guards that are removed by saw operators due to their lack of function and flexibility.

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2/26/2014 · Failure Analysis

Forensic Clues: Elderly Mobility Aids

By: John Ryan, BSME, PE

A significant number of elderly persons experience falls every year. In 2010, 2.3 million nonfatal fall injuries involving elderly people were treated in emergency rooms around the country. In the same year, 21,700 elderly people died as the result of unintentional falls. Falls for elderly people are extremely hazardous as they may not recover from fractures and other injuries.

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1/22/2014 · Product Liability

Forensic Clues: How to Survive in a Hostile Tort Reform Market

By: John Ryan, BSME, PE

Product Liability Reform has affected many attorneys, consumers, and experts negatively while failing in its goal of greater American competitiveness. This issue of Forensic Clues is dedicated to addressing the problems of tort reform, how this affects you, and what you as an attorney can do to reduce your costs and increase your chances of a successful product liability case, assuming that the case involves a legitimate product defect.

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12/13/2013 · Accident Investigation & Reconstruction

Forensic Clues: Skiing and Snowboarding Accidents

By: John Ryan, BSME, PE

A recent failure of a ski lift in Wisconsin has received much media attention. While accidents such as these are rare, they do occur. Much more frequent are accidents involving collisions with other people or objects. This issue of Forensic Clues will examine the types of accidents that occur on the mountains.

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11/11/2013 · Failure Analysis

Forensic Clues: Powered Winch Accidents

By: John Ryan, BSME, PE

Powered winches are in use in a variety of applications, some of the most common include vehicle-mounted electric winches, marine vessel winches, marine recovery winches, industrial winches and chain hoists. Accidents occur in all types of winch uses.

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10/15/2013 · Accident Investigation & Reconstruction

Forensic Clues: All-Terrain Vehicles

By: John Ryan, BSME, PE

Between 1982 and 1996, 2,795 people died riding all-terrain vehicles, ATV's. This was found in a study by the U.S. Consumer Product Safety Commission (CPSC). Over thirty percent of the riders killed were under the age of sixteen.

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9/26/2013 · Failure Analysis

Forensic Clues: Seat Belt Failure

By: John Ryan, BSME, PE

In 2007, an estimated 15,147 lives were saved from seat belt use. Seat belts save five times more lives than airbags, according to statistics released by NHTSA. Seat belt use has increased over the years, due to cultural trends, and possibly due to the enactment of seat belt use laws. Seat belt systems do not always function as predicted. Seat belt systems can fail during a collision, often resulting in serious injury or death to the vehicle occupant.

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8/26/2013 · Accident Investigation & Reconstruction

Forensic Clues: Tractor Accidents and Rollover Protective Structures

By: John Ryan, BSME, PE

Farming is a dangerous occupation. Tractor rollover accidents have been killing people since the 1920's. In 1990, the National Safety Council estimated 460 people were killed while operating tractors. Tractor rollover caused 239 of these fatalities. Another estimate suggests a more conservative number of annual fatalities - 132, that are the result of tractor rollover accidents. In a four-year period in Pennsylvania alone, 72 people died as a result of tractor rollover accidents.

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8/9/2013 · Accident Investigation & Reconstruction

Crash Data Retrieval - Modern Methods of Determining Crash Severity

By: John Ryan, BSME, PE

Automobile collisions result in damage to property and injuries to people. Compensation is sought through insurance claims, law suits, and product liability claims. Knowing when injuries are more or less severe than is warranted by the damage level involved in the collision is important information. This can help people involved on both sides of litigation or settlements.

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7/23/2013 · Warnings & Labels

Forensic Clues: Product Hazard Warnings

By: John Ryan, BSME, PE

Warning labels are an indelible part of our society. Warning labels are everywhere - on our food, on our drinks, on our sweeteners, on our cars, on our tools, on our cigarettes. As consumers we are constantly barraged with multitudes of warnings, cautions, don't do this's, don't do that's.

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7/3/2013 · Failure Analysis

Forensic Clues: Fiberglass Failure

By: John Ryan, BSME, PE

Safety Engineering Resources has had the opportunity to learn a great deal about using fiberglass in structural applications, which are simply applications that must support some sort of load. Using fiberglass as a structural material was brought about by the advances made by organic chemists in recent decades in the field of plastics.

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6/14/2013 · Accident Investigation & Reconstruction

Forensic Clues: Forklifts

By: John Ryan, BSME, PE

The Occupational Safety and Health Administration (OSHA) estimates that approximately 95,000 injuries occur each year due to forklifts.

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5/14/2013 · Failure Analysis

Forensic Clues: Rear-End Collisions and Automobile Seat Failure

By: John Ryan, BSME, PE

Two and a half million rear-end collisions occur every year. Rear-end collisions are usually caused by driver inattentiveness.

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4/2/2013 · Failure Analysis

Forensic Clues: Structural Failures

By: John Ryan, BSME, PE

Structural failures of buildings range from catastrophic building failures involving mass loss of life and/or property to structural problems such as sagging floors or ceilings, leaning walls, cracking or sinking foundations.

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2/28/2013 · Accident Prevention & Safety

Forensic Clues: Golf Carts

By: John Ryan, BSME, PE

Golf cart accident frequency has increased dramatically over the last 20 years. A study by Watson, Mehan, Smith, and McKenzie (Golf Cart-Related Injuries in the U.S., American Journal of Preventative Medicine, 2008) of NEISS data found 147,696 people were treated in emergency rooms for golf cart accidents between 1990 and 2006.

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12/27/2012 · Engineering

Forensic Clues: Is This a Valid Defective Product Case?

By: John Ryan, BSME, PE

Knowing when a personal injury case is due to the action or inaction of another party, or when responsibility falls fully on the injured party, can be a difficult distinction to make. At Mechanical and Safety Engineering, we have been investigating personal injury cases for decades.

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BACKGROUND:

40+ years' experience including in product design, product development, and manufacturing in consumer, medical, and industrial product markets. Product innovation part-time academic since 2009, public speaker since 1985. Certified New Product Development Professional (NPDP) since 2008 by the Product Development and Management Association. Member of: Society of Plastics Engineers, Society of Manufacturing Engineers, American Society for Quality. Expert witness services to Product Liability, Intellectual Property, and Commercial Dispute litigators.

PRODUCT LIABILTY EXPERTISE:

Retained by both plaintiff and defense counsel. Specialize in personal injury cases involving product defects, manufacturing defects, product safety, engineering design, mechanical failures, material failures, product quality assurance, and foreseeable misuse.

CASE EXAMPLES:

Retained in cases involving 3M, Honeywell, Clorox, Ace Hardware, and others.
3M Combat Arms earplug case, retained by two plaintiff firms. More at, https://bit.ly/Forbes-on-3M Daubert ruling at, https://bit.ly/EPR-3MEP-Daubert (Page 98). Two depositions. (Plaintiff)
Furniture review of the state of competitive product safety, mechanisms, warnings. Counsel represented major insurance company. Settled after report. (Defense)
N95 mask commercial dispute, settled after report. (Plaintiff)
Consumer electronics patent infringement, settled after report. (Defense)

MORE INFO AT:

Expert witness services offered can be seen at, https://bit.ly/PDEWS Preferred contact: eric@pinnaclepi.com

Content above is a selection of work, current case history available upon request. Expert witness testimonials at, https://bit.ly/EPR-EWT

EXPERT WITNESS PODCAST INTERVIEW

• Executive Profile

• Expert Witness Services

• Expert Witness Testimonials

• CV_Eric Paul Rose, NPDP, MBA_April_2024_v1+wm2

5/23/2025 · Product Liability

Managing NPD Project Tradeoffs

By: Eric P. Rose, NPDP, MBA

The NPD Project PentagonTM offers those involved in bringing new products to market who face numerous tradeoffs a way to frame their decisions. While this is a binary view, and often reality is highly multivariate, it still offers a useful tool in managing the inevitable NPD project tradeoffs. On your next NPD project, consider how the NPD Project PentagonTM would help in better managing your projects' tradeoffs.

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R. Kevin Smith PE, BSME, MMAE, has been a specialist in Engineering Forensic Safety and Design for 35 years. He has consulted on over a 1,000 matters nationwide. Mr. Smith is a registered professional engineer and holds a BSME and MMAE from the Illinois Institute of Technology in Chicago. He is board certified forensic engineer through the National Academy of Forensic Engineers. He specializes in Material Handling Equipment Safety, including lift trucks, dock safety, truck loading, conveyors, and aerial work platform safety.

Mr. has been actively involved as a member of the committee that writes the Safety Standard for Low Lift and High Lift Trucks (ASME/ANSI B56.1) for over 30 years. He also serves on the B56.6 committee (rough terrain lift trucks) and the ANSI A92.5 and A92.6 subcommittees (self-propelled elevating work platforms).

Litigation Support - Mr. Smith formerly worked for Triodyne, Inc. for over 15 years as a forensic engineer/principal engineer. As President of R. K. Smith Engineering Inc., for over 25 years, he currently has a laboratory for examination and testing,and owns or has access to varied testing equipment and tools.He has testified at depositions and trials on several hundred matters. Mr. Smith has performed hundreds of investigations into product failures involving injury and property damage, and has reconstructed numerous accidents. His expertise is available to counsel representing both Plaintiff and Defendant. Mr. Smith also was previously on the Adjunct Math faculty at Prairie State College for 13 years.

Areas of Expertise:

Forklift Trucks
Aerial Work Platform Lifts
Product Testing
Material Handling / Lifting / Rigging Equipment
Accident Reconstruction
Machine Guarding
Safeguarding
Warnings

Agricultural and Construction Equipment
Skid Steer Loaders
Stability Testing
Loading Dock Safety
Consumer Products / Testing
OSHA Citations
Codes & Standards
Standard of Care in Design

View R. Kevin Smith's Consulting Profile.

• R. Kevin Smith's Curriculum Vitae

• Animations Videos

• LinkedIn Profile

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Expert Background: Dr. Thomas L. Read is the Principal and CEO at A. Read Consulting, LLC. He received his PhD. from Stanford University in 1972 and has over 25 years of manufacturing experience in electronics, metallurgy, factory safety, failure analysis, glass fracture, glass failure and bottle failure. As a member of the electronics industry, he has earned process patents and has an extensive background in manufacturing techniques.

In parallel, Dr. Read has spent over twenty five years as a consultant to attorneys and engineers. He has given more than 100 depositions and has appeared in court numerous times.

Company Profile: Read Consulting, LLC is a full service laboratory providing services in the following areas:

Failure Analysis; Factory Safety and Personal Injury (including machine guards and manufacturing safety)

Glass Failure Analysis - Glass Fracture, Glass Failures and Bottle Failure

Metal and Ceramic Failure

Grinding Wheel Failures

Intellectual Property and Patent Disputes

Product Liability and Product Quality

Manufacturing Disagreements (such as Intellectual Property, Failed equipment and Contract Disputes)

Reverse Engineering

• Read Process Expertise Services Available

• Read Consulting Failure Analysis Blog

• View Publications by Thomas Read

• Video of Tempered Glass Failure

12/20/2023 · Failure Analysis

Soda Bottle Failure Analysis

By: Dr. Thomas Read

California materials failure laboratory, Read Consulting Failure Analysis Laboratory was engaged to determine the cause of failure of a 12 oz soda bottle. This bottle was said to have exploded and caused injury to a person. The bottle was said to have spontaneously exploded as the was being pushed into a cooler filled with ice.

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2/17/2023 · Failure Analysis

Design Defect Failure Analysis of Water Shut Off Valve

By: Dr. Thomas Read

When this type of valve is open a rubber seal around the valve stem prevents leaking. In this case, the poly acetate stem deteriorated due to the presence of hot chlorinated water This allowed water to leak out. Over time the leak rate increased.

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10/24/2022 · Failure Analysis

Titanium Surgical Screws Failure Analysis

By: Dr. Thomas Read

Read Consulting Failure Analysis Laboratory was engaged to determine the cause of failure of two titanium surgical screws used in corrective back surgery. These were both 6.5 mm diameter, 40mm long screws that were surgically implanted. in a patient, and they subsequently failed.

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4/20/2022 · Failure Analysis

Glass Coffee Pot Failure Analysis: Thermal Shock Failure Of Borosilicate Glass Coffee Carafe

By: Dr. Thomas Read

The fatigue failure initiated on the outside bottom where the carafe had been scratched with the abrasive scrub pad. As a result of cyclical thermal shock (between 195°C and 15°C), the cracks grew progressively till it reached a critical length. Glass thickness at the origins is approximately 3 mm. One failed after 12.

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4/12/2021 · Failure Analysis

Glass Failure Analysis: Glass Oven Dish Failure

By: Dr. Thomas Read

The annealed borosilicate glass pie plate failed as a result of “thermal shock”. There were multiple origins for the failure, and these all initiated at damage sites on the bottom of the Pyrex baking dish. It appears that the bottom of the pie plate was convex. Thus, setting the dish down and moving it on hard (abrasive) surfaces such as tile or granite counters created bottom “rim” damage.

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9/6/2017 · Failure Analysis

Liquid Impact Glass Failure Analysis

By: Dr. Thomas Read

As "water hammer" (i.e. liquid impact) has the potential to cause glass bottle failure, Read Consulting LLC created two such failures to study the resulting fracture surface details.

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4/23/2015 · Failure Analysis

Weld Failure Analysis: Chair Failure Due to Inadequate Weld

By: Dr. Thomas Read

Read Consulting was asked to determine why a welded chair failed and caused injury to the person sitting in it.

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2/3/2014 · Failure Analysis

Failure Analysis: Manufacturing Engineer Examines the Root Cause of Automobile Rear View Mirror Failures

By: Dr. Thomas Read

The root cause of the failure of customer returns of heated automobile rear view mirrors was investigated.

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8/7/2012 · Failure Analysis

Failure Analysis: Metal Fatigue of Automatic Machinery - Wafer Test Station

By: Dr. Thomas Read

During normal operation, the arm on an automatic wafer test station failed. Root cause failure analysis determined that the drive shaft on the right angle gear motor used to raise and lower the manipulator arm had failed first.

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5/21/2012 · Failure Analysis

Failure Analysis: Product Liability & Personal Injury Involving a Broken Grinding Wheel

By: Dr. Thomas Read

This grinding wheel was part of a product liability and personnel injury case. It was claimed that the subject wheel had unexpectedly failed (i.e. flown apart) and an escaping piece had hit the plaintiff in the face causing serious injuries. According to the user, the grinder with the wheel was purchased approximately one hour before the grinding wheel failure.

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3/29/2012 · Failure Analysis

Failure Analysis: Collapse of Plastic Chair

By: Dr. Thomas Read

A failed plastic lawn chair was examined to determine the cause of failure. This chair failed on the premises of a restaurant In this study the subject chair is examined and compared to several exemplar purchased at the same time. The objective of this study is to determine the cause of failure.

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11/8/2011 · Failure Analysis

Root Cause Failure Analysis of Tempered Glass Door

By: Dr. Thomas Read

Glass Failure Analysis Expert Witness performs a failure analysis of a several tempered glass doors that had "spontaneously" failed at a construction site. The objective of this glass failure analysis is to determine the cause of failure and make recommendations to the contractor.

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8/30/2011 · Failure Analysis

Metal Failure Analysis: Metal Food Contaminant Failure Analysis

By: Dr. Thomas Read

Materials failure analysis expert performs a failure analysis to determine the source of a metal piece found in tomato product.

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5/17/2011 · Failure Analysis

Plumbing Failure Analysis: Stress Corrosion Cracking of Yellow Brass

By: Dr. Thomas Read

A plumbing failure analysis was performed to determine why a cold water supply line to a bathroom sink had failed after only one year of service.

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4/1/2011 · Failure Analysis

Failure Analysis of a "Exploding" Beer Bottle: Product Defect, Product Liability

By: Dr. Thomas Read

A glass failure expert witness performs a root cause failure analysis on an exploding beer bottle. The object of this root cause failure analysis is to determine the cause of the bottle failure.

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7/7/2009 · Design

White Paper: Reverse Engineering

By: Dr. Thomas Read

Before expending the effort necessary to reverse engineer a device or object, it must be definite that the object under study is not covered by one or more patents. This avoids a dispute over patent violations. Once it has been established that no patent coverage exists, one can use multiple techniques to reverse engineer a product. These are summarized below:

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7/7/2009 · Failure Analysis

Failure Analysis of a Failed Ceramic Water Holding Tank on a Toilet

By: Dr. Thomas Read

The cracked tank was first inspected in the "as received" condition. In this condition it was cracked, but it was still whole. Next, the failed tank was separated by pulling it apart. This was done to expose the fracture surfaces of the main crack. This allowed for a complete failure analysis and for a determination of where the crack initiated.

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7/7/2009 · Failure Analysis

Failure Analysis of a Broken Jam Jar

By: Dr. Thomas Read

Glass fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin. Once the origin has been identified, it can be examined in detail with a microscope to determine the cause of the failure.

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1/28/2006 · Failure Analysis

Wine Bottle Failure Analysis

By: Dr. Thomas Read

Note: Glass Fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin

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Since 1988, Real-World Forensic Engineering, LLC ("RWFE") has provided engineering services to industries and government labs, as well as litigation support to both plaintiff and defense attorneys practicing in many areas.

RWFE Areas of Expertise Include:

Components & Machinery
Metallurgy & Corrosion
Dynamics of Impact & Collisions
Friction Analysis / Slips, Trips and Falls
Intellectual Property & Patent Review
Accident Reconstruction / Animation
Computer Aided Design
Education & Training

Electrocution & Switch Malfunction
Grounding & Lightning Protection
Lightning Impulse Testing
Products and Premises Liability & Safety
High-Voltage & Current Power Systems
Bridge Design and Safety
Fire & Explosion Cause and Origin
And Much More...

At RWFE, we proudly distinguish ourselves by our Four C's:

CREDENTIALS. COMPETENCE. CREDIBILITY. COMMUNICATION.

Credentials:	B.S., M.S., M.Eng., M.B.A., J.D., and Ph.D. Degrees Licensed Professional Engineers in Mechanical, Electrical, and Civil Engineering Tenured University Professors and Professionals NAFI Certified Fire and Explosion Investigators (CFEI) Licensed Master Electricians
Competence:	Over 80 Combined Years of Experience in Engineering R&D, Industry, Academia, Consulting, and Expert Witness Litigation Support Over 120 Combined Deposition and Court Testimonies
Credibility:	Internationally Recognized in Our Areas of Expertise More Than $19 Million in Peer-reviewed and Funded Research Grants Over 200 Combined Scientific Publications and Journal Articles
Communication:	Over 20 Different Undergraduate and Graduate-level University Courses Over 30 Invited Short Courses, Talks, and Lectures

Design Evaluation – Accident Investigation – Intellectual Property - Failure Analysis – Fire Cause & Origin – Component Testing - Computer Aided Drafting – Accident Animation - Expert Witness & Litigation Support

www.ExpertEngineering.com

• View Dr. Rasty's Curriculum Vitae

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Consultants. Experts. Innovators.™

Operating from more than 110+ offices around the globe, we provide services to corporations, insurance companies, law firms, and government agencies.

Rimkus Life Sciences experts have a wealth of specialized expertise to help clients comprehend and improve how humans interact with their facilities, products, and systems.

Our experts offer significant professional experience related to studying and understanding human behavior and experience. Our experts have extensive knowledge involving but not limited to human health and medical devices, warnings and signage, perception and reaction, medicine and patient care, and health and sports activity.

The scientists, engineers, and researchers in Rimkus Life Sciences specialize in human based research to support product design and development, product validation, and development of instructions and warnings for use. Our experts work with clients across the globe in every major product sector. They understand how to leverage rigorous research and thoughtful analysis with creative problem solving to support the development of products.

Rimkus Global Services Overview

LIFE SCIENCE EXPERTISE

Biomedical Engineering

Human Factors

• Product Safety
• Warnings and Safety Information
• Transportation Human Factors
• Occupational Safety
• Chemical Hazard Communication
• Railroad Grade Crossing and Trespassing Accidents

Medical Devices and Medical Error
Accidents Involving Children
Maritime Safety and Recreational Sports
Premises Liability
Industrial Ergonomics and Time and Motion Studies

Legal Nurse Consulting

Medical-Legal Nurse Review
Medical Record Organization and Indexing

Testifying Expert Locator Services

Product Safety

Technical Consultations
Product Safety Consultations
Applied Research and Testing Usability
Chemical Hazard Communication

Training
Historical Research and Analysis
Range of Projects
Publications and Research

Sports Science Consulting

Product Validation Testing
Applied Research and Data Collection
Product Safety and Usability
Research Program Management

Scientific Consultation
Policy Development
Regulatory Guidance
Technical Communications
Education Programs

Toxicology Food Safety

Toxicology
Drug and Alcohol Impairment
Consumer Product Toxicity

Food Safety
Environmental and Workplace Toxicology
Pharmaceuticals Toxicology

View our full suite of Life Sciences Expert Services.

GLOBAL OFFICES

Rimkus operates from 110+ offices worldwide, with headquarters in the following cities.

Australia
Grosvenor Place, Level 31
225 George Street
Sydney NSW 2000

Phone: +61 2 9290 1495
Email: APEnquiries@rimkus.com

Malaysia
Menara Citibank
Suite 20.04 Level 20, 165 Jalan Ampang
50450 Kuala Lumpur

Phone: +60 3 9212 1204
Email: APEnquiries@rimkus.com

New Zealand
Level 2, 1 Broadway
Newmarket
Auckland 1023

Phone: +64 9 5201929
Email: APEnquiries@rimkus.com

Singapore
138 Market Street
Level 5, CapitaGreen
048946

Phone: +65 6016 6057
Email: APEnquiries@rimkus.com

United Kingdom
5th Floor
40 Lime Street
London EC3M 7AW

Phone: +44 12 5767 6107
Email: EurEnquiries@rimkus.com

United States
12140 Wickchester Ln Ste 300
Houston
Texas

Phone: +1 800 580 3228
Email: Expert@rimkus.com

View a full list of Rimkus Office Locations.

View Rimkus Quantum and Delay Expert Services Profile.
View Rimkus Forensic Expert Services Profile.

• About Rimkus

• Rimkus Service Groups

• Video - Rimkus Global Services Overview

• Biomedical Engineering

• Human Factors

• Legal Nurse Consulting

• Product Safety

• Sports Science Consulting

• Toxicology Food Safety

• Life Sciences

• Find An Expert

• Case Studies

• Rimkus Thought Leadership - Articles

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• LinkedIn Profile

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Christopher M. Daft, PhD, is an award winning, Oxford Educated scientist whose areas of expertise include medical imaging, artificial intelligence, semiconductors, medical devices, sensors, MEMS, signal processing, and image processing. He holds 23 United States Patents with 20 applications pending, Dr. Daft has diverse industry experience including multi-nationals such as GE, Medtronic, Fujifilm, Samsung, and Siemens as well as several start-ups.

He has testified at trial 5 times and been deposed 15 times.

Dr. Daft has been an Institute of Electrical and Electronic Engineers (IEEE) Senior Member since 2004. He has three years of experience teaching electrical and computer engineering at the University of Illinois.

Dr. Daft holds a BA and MA in Physics from Oxford University as well as Doctorate from Oxford in Materials Science.

Litigation Support - Dr. Daft provides litigation support in the areas of Intellectual Property and Medical Devices including Imaging, particularly Medical, Patents, and more. His experience includes a variety of cases in the areas of wearable electronics, imaging systems, and surgical technology. Dr. Daft has extensive deposition and trial testimony experience.

Areas of Expertise:

Design Engineering
Electrical Engineering
Electromagnetic Engineering
Microelectronics
Medical Imaging
Electronics
Semiconductors

Medical Devices
Sensors
Software Engineering
MEMS
Signal Processing
Image Processing
Physics

View Dr. Christopher Daft's Consulting Profile.

• Dr. Daft's Curriculum Vitae

• Expert Witness Services

• Blog

• LinkedIn Profile

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CPA, CFE, CPEA, CFF with 35 years of experience as a financial damages, accounting, royalties, licensing, valuation expert. Calculations in general damages, intellectual property (copyright infringement, trademark infringement, patent infringement, DMCA, trade secrets), breach of contract, reasonable royalties, wrongful termination, personal injury, consumer product liability & royalty audits. 2017 California CPA of the Year & 2012 Certified Fraud Examiner of the Year.

Expert in unjust enrichment & lost profits. Sample Industries: pharmaceuticals, medical devices, music, film, construction, machinery, security, toys, software, hardware, media, entertainment, energy, security, personal injury, partnerships, apparel & consumer products. Real world experience as Chief Audit Officer of Beats, KPMG Partner, and at Occidental Petroleum, Unocal, and Disney. While at Ernst & Young and KPMG, led national fraud and royalty auditing. Vice Chair ('16-'17) Board of Regents of the 80,000+ member Association of Certified Fraud Examiners. More than 3,000 forensic accounting contract investigations.

Mr. Blum has extensive experience working on economic damages in both simple and multi-billion dollar complex litigations. With over 150 matters as an expert witness, his damage calculations have consistently been accepted in court, even in cases involving settlements up to $1 billion. His reports have been recognized as best examples by judges for their thoroughness and clarity. Mr. Blum has represented a broad range of clients, including leading law firms and major corporations across various industries.

Clients: Microsoft, Dolby, Sony, Paramount Pictures, Mattel, Warner Bros., McDonald’s, Shark Tank, WWE, Steven Spielberg, Tom Hanks, Amgen, GM, Sears, IGT, IMG, Tessera, Philips, Diageo, Harley-Davidson, DKNY, Chrysler, Ross, UMB Bank, Bank of America, Everlast, Fate Thera., Medtronic.

Areas of Expertise:

Complex Financial Litigation
Patents
Copyrights
Trademarks
False Advertising
Malpractice
Royalty Auditor Competence
Royalty Disputes
Wrongful Termination
Construction Defect
Film Distribution

Unfair Competition
Oil & Gas Pipelines
Personal Injury
Product Liability
Breach of Contract
Business Interruption
Class Action
Lanham Act
Trusts & Estates
USITC
DMCA

View Sidney Blum's Consulting Profile.

• Sidney Blum's Curriculum Vitae

• Biography and Services

9/13/2016 · Accounting

Royalty Audits - Compliance With AICPA Standards

By: Sidney Blum

Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.

Read Article

License, Royalty & Revenue Agreements: Drafting, Monitoring and Auditing

Sidney P. Blum

This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.

Financial Elements of Contracts: Drafting, Monitoring and Compliance Audits

Sidney P. Blum

This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.

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expert witnesses

Product Liability / Defects Expert Witnesses: 40

Warning Label Safety Research Expert Gerald Goldhaber

Fitness Equipment Expert Witness Harvey Voris

Chemical Expert Witness Meyer R Rosen

Legal Malpractice Expert Witness Mitch Jackson

Engineering Expert James Miller

Epidemiology Expert Lawrence Mayer

Furniture Industry Expert Witness Leonard Backer

Mechanical Engineering Product Liability Expert Witness John Ryan

Product Liability Expert Witness Eric Rose

Forensic Safety Engineering Expert Witness Kevin Smith

Failure Analysis Expert Thomas Read

Forensic Engineer Expert Dr Rasty

Rimkus Life Sciences Expert Services

Medical Device Expert Witness Christopher Daft

Economic Damages Expert Witness Sidney Blum

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