927
Showing all 12 results
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Expert testimony – Defense’s challenges go to weight — not admissibility
July / August 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: The resolution of a federal Rule 702 and Daubert motion in an ongoing complex litigation shows how a federal judge views the admissibility of expert testimony versus weight. This article summarizes why the U.S. District Court for the Northern District of Texas ruled that several arguments against admissibility amounted to issues of weight that should be left to the jury. A sidebar highlights four factors that are considered in Daubert challenges and potential upcoming changes to Federal Rule of Evidence 702. VeroBlue Farms U.S., Inc. v. Wulf, et al., Civil Action 3:19-CV-0764-X (N.D. Tex. Mar. 13, 2023). Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
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Safety first, safety always – Controlling workers’ compensation costs in the current environment
Spring 2023
Newsletter: On-Site
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: Any experienced contractor will tell you: Every safety incident comes with hidden costs, including rising workers’ compensation premiums. If a construction business suffers multiple incidents, the financial impact can be devastating. This article notes some troubling recent statistics and suggests some best practices for keeping workers safe and controlling workers’ compensation costs. A sidebar urges contractors to double-check their experience modification factors.
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Safety first, safety always – Controlling workers’ compensation costs in the current environment
March / April 2023
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: Any experienced contractor will tell you: Every safety incident comes with hidden costs, including rising workers’ compensation premiums. If a construction business suffers multiple incidents, the financial impact can be devastating. This article notes some troubling recent statistics and suggests some best practices for keeping workers safe and controlling workers’ compensation costs. A sidebar urges contractors to double-check their experience modification factors.
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The ABCs of P3s – An introduction to public-private partnerships
May / June 2017
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: One approach government agencies are exploring, to help meet the nation’s needs for new proposed infrastructure projects, is developing public-private partnerships. Under this model, a public entity engages a private partner, which in turn hires, supervises and pays the contractor. This article discusses the expected rise of “P3s” and how they could provide profitable opportunities for many construction companies in the near future. It’s important to know how they work. A sidebar looks at the bonding aspect of P3s.
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No surprises – How to maintain an accurate contract schedule
Spring 2017
Newsletter: On-Site
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: All too often, contractors reach the end of a financial reporting period believing they’ve turned a healthy profit. Unfortunately, after accounting adjustments, the profit margin turns out to be much thinner than anticipated. This article explores a way to prevent such unpleasant surprises: maintaining an accurate contract schedule. A sidebar looks at how change orders play the X factor in accurately monitoring profitability.
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Cybersecurity takes the spotlight
Winter 2017
Newsletter: Community Banking Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: Federal and state regulators are increasingly scrutinizing banks’ information security efforts. This article points out that, in light of this heightened scrutiny, banks should review, and if necessary, update their cybersecurity programs. The article explains what examiners look for, including risk identification, risk measurement and risk mitigation. A sidebar discusses increased state regulation of cybersecurity.
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What can go wrong? ADA decision shows importance of interactive process
March / April 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: A hairdresser at a nursing home sometimes had to push residents in wheelchairs from their rooms to the beauty parlor. After she had a surgical procedure, her ability to do this was limited. But the facility’s administrator told her that they didn’t allow employees to work under restrictions, and denied her request for an accommodation of having other employees push the wheelchairs. As this article discusses, the district court sided with the nursing home, but the appeals court reversed, finding that the record on whether pushing the residents was an “essential function” of being a hairdresser was unresolved — and that the administrator’s comments could be found to be evidence of disability-based discrimination. A sidebar discusses an earlier case that went the other way. Kauffman v. Petersen Health Care VII, LLC, No. 13-3661, Oct. 16, 2014 (7th Cir.) Basith v. Cook County, No. 00-1656, March 6, 2001 (7th Cir.)
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Will you be on the hook? Tackling the new Medicare tax and rental activities
July / August 2013
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: The new 3.8% net investment income tax (NIIT), also known as the Medicare contribution tax, gives some taxpayers with rental income yet another reason to seek status as a “real estate professional.” This article gives examples of net investment income and explains that those who qualify as a real estate professional and materially participate in the business can offset nonpassive income with rental losses. A sidebar explains how taxpayers who own multiple rental properties can establish material participation.
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What employers should know about traditional and Roth IRAs
April / May 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: Many plan sponsors use a deferred compensation plan such as a 401(k) plan to offer their employees a retirement benefit. But another option to consider is teaching employees about individual retirement accounts (IRAs). With an IRA, employees take personal payroll deductions to channel funds into their accounts. While employers neither sponsor nor manage IRAs, this article examines what employers need to know and why they matter to employers.
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Is a disability an excuse for bad workplace behavior?
July / August 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: An employee who puts a poster of Charles Manson in his cubicle and uses a company computer to surf Web sites about serial killers and assault weapons may seem a sure and justifiable target for termination. After this employee, claiming bipolar disorder, filed a lawsuit alleging that the company had failed to provide him with an accommodation, a U.S. district court weighed in.
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Health care reform – Understanding what it means for your construction company
Summer 2010
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: With its complex provisions and multiple effective dates, the new Patient Protection and Affordable Care Act has created a lot of confusion among employers — including construction company owners. This article answers some common questions about the new law, such as whether health insurance must be provided to employees, how companies can determine the number of full-time-equivalent employees they have and how this affects their legal obligations, and action steps to take. A sidebar discusses a tax credit that’s available for small businesses.
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Think big (but think carefully) – 3 questions to ask when eyeing an acquisition
January / February 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 927
Abstract: If you’re thinking about acquiring another dealership on this challenging financial landscape, you need to realize that it’s a critical move which could impact you positively or negatively for years to come. To keep yourself on course, it’s important to focus on three major questions: Are you financially strong enough, would the deal lessen your risk, and is the prospective staff compatible with your business?