ARTICLES

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

Easements Can Make or Break a Deal

By: Frank S. Ferrantello

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

10/10/2017· Risk Management

I Guess I Am Still the Number One Enemy of the Fraternities

By: David Easlick

I have been a member of a premiere American Fraternity since 1966 when I was initiated into DKE at the University of Michigan. I have run the local alumni association, been the general partner on the chapter house, served on the International Board, Founded the Foundation, and ran the Fraternity for over 25 years. Inter-fraternally, I am a life member of the Fraternity Executives Association, led the inter-fraternal movement against the Northeastern Private Colleges attempt to co-edify the movement, and shepherded a freedom of association sense of Congress through both Houses of Congress. I am still an affiliate member of the North American Inter-Fraternity Conference and a nonprofit member of NASPA.

10/6/2017· Accounting

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

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

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

10/4/2017· Construction

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

By: Long International

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

10/4/2017· Telecommunication

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

By: Keith Mallinson

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

9/28/2017· Automotive - Vehicular

Safety Compromises: Part 1, Introduction

By: Ned Einstein

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

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

The Professional Land Surveyor – An Essential Part of the Team

By: Frank S. Ferrantello

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

9/15/2017· Product Liability

A Viable Product vs. The Legal System

By: Dr. Carl J. Abraham

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

9/12/2017· Automotive - Vehicular

Autonomous and Inevitable, Part 9: Conclusion -- The Best of Both Worlds

By: Ned Einstein

The past eight installments of this series covered a lot of ground -- some technical, but mostly socio-economic and conceptual. But in the debate over the pros and cons of human versus robotic drivers, is it not possible to have the wisdom to take the best of both worlds? In early articles I acknowledged some of the advantages of Highly-Automated Vehicles (HAVs), including:

9/11/2017· Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

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