Sunday, November 25, 2012

What Is a Semiconductors Expert Witness?

Semiconductor technology has one of the biggest impacts in the modern world. Almost all our electrical devices, gadgets, and instruments are built using semiconductors, or materials that are good conductors of electricity. Without semiconductors, we would not be enjoying the Internet, computers, mobile phones, and home appliances.

Just like any industry, the semiconductor sector is not without legal cases and disputes. These cases may spring from issues related to intellectual property rights, patent, product liability, and trade secret theft cases. And just like legal cases in other industries, these disputes need expert witnesses to help come up with a good settlement.

These experts are generally called "semiconductors experts."

Each of these witnesses has their own area of expertise. And some of these areas include the following: production or manufacture of semiconductors, research and development of microprocessors, packaging, and design.

What are the Services Provided by a Semiconductors Experts?

As previously mentioned, there are different fields or areas that semiconductors experts may choose to be an expert in. So to make sure that you pick the right expert, choose the one whose expertise is closely related to the case you're involved in.

Here is a list of the common services that you can expect from a semiconductors experts.

1. Consulting and Case Evaluation Services Some of these expert witnesses prefer to provide their expert opinion by timed consultation sessions. You or your legal representative may set an appointment with them to seek for their advice regarding the technical issues of your case. For instance, if you want expert opinion on analog technology, you can get in touch with a professor or an engineer with years of experience in the field.

2. Deposition and Trial Testimony Many semiconductors expert witnesses are experienced in testifying before a judge or jury. If necessary for your case, find someone who can confidently testify and handle legal proceedings. Experienced expert witnesses take the initiative, and they are very much aware of the do's and don'ts when in court.

3. Report Writing Services Some people can express themselves well in spoken language, while others prefer to be expressive in writing. You may have to hire another semiconductors expert witness to prepare an expert report because of several reasons. For instance, when the other (testifying) expert of your choice is not too skillful in technical writing, you may have to provide a neatly written document or report to be submitted to the court.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Property Levies

In the old days, about 12-20 years ago, one could often enforce a judgment against a property owner by just recording a property lien. With home prices down, and so many upside down and no-equity situations; recording liens alone, often does not work.

Besides waiting for a property lien to possibly and eventually work, another option is to have the Sheriff levy some available assets that belong to your judgment debtor. The first potential problem is if your judgment debtor files for bankruptcy protection. If they do, that stops or terminates all judgment recovery actions. Besides the possibility of the debtor filing for bankruptcy, physical property levies have three other drawbacks:

1) Real estate or physical property levies are expensive. Levies/Garnishments always involve a Sheriff or a Marshall. The creditor must pay for everything, from opening a Sheriff levy file, to possible storage of the judgment debtor's property, and then potential auction fees. There are no refunds, and there is a chance that any money the creditor spends, will be money down the drain.

2) There are many laws that provide for liberal debtor exemptions. Many things are off limits, such as tools and vehicles used in a debtor's business. It is good to know the exemption laws for your State before you attempt a levy, because if the levy fails, you still must pay the fees.

3) Anything with a loan or lease on it cannot be levied, without paying off the existing lien holders or lenders. It is smart to check for loans and liens on a debtor's property first; and find out if it makes sense to have a Sheriff begin a levy, because if the levy fails, or fails to net you any money, you still need to pay the fees.

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. Because property levies and real estate liens do not always make sense or succeed, other recovery tactics are required. You are not allowed to, and it is not smart, to turn your judgment debtor upside down, to see what falls out of their pockets. That leaves bank and job levies, to attempt to recover your judgment.

Although bank and wage levies still require specific forms, permission from the court, and payment to the levying officer; they are cheaper and easier than levying your debtor's physical property. Before you can have the Sheriff levy your judgment debtor's wages or bank account, you must exactly identify where your judgment debtor works or banks.

How can you find out where your debtor banks, without paying a service to find out for you? You could follow them in your car until they go to their bank. You could search in their trash cans. You could sneakily look in their mailbox every day. You could schedule a judgment debtor examination and document requests and keep rescheduling them, until the debtor shows you something that leads to discovering where they bank.

One problem with debtor examinations are right before, or right after the date of the examination, the judgment debtor might move most of their money to a new bank, and tell you about their old bank account that now has $10 left in it. Or, you can avoid tipping off the debtor, and pay some service to find the judgment debtor's bank account.

How can you find out where your debtor works, without paying a service to find out for you? You could follow them in your car until they go to work. You could ask neighbors, or their family members, where your debtor works. You could schedule a judgment debtor examination and document requests and keep rescheduling them, until the judgment debtor shows you something that leads to finding out where they work. Or, you can pay some service to find out where your judgment debtor works.

If your debtor will not pay you voluntarily, you must pay, and jump through some hoops of the courts, Sheriffs, and sometimes registered process servers; for chances to recover your judgment by levying the judgment debtor's available assets.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Attorney Liens

When you retain a contingency lawyer to try to win your lawsuit or recover your judgment, part of their retainer agreement will almost certainly include some type of lien on your judgment. That means that any potentially recovered judgment money must be split with your lawyer. In lawsuits and judgment recovery, whether you win or lose, you usually have to pay something. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

When you retain a contingency lawyer, you must give up a sizable percentage of any potential recovery or settlement. Everything depends on the details of the retainer agreement. Often, all expenses come out of your share of a recovery. There are many advantages to retaining a contingency lawyer, including:

A) If you recover money that is paid over time, you only have to pay your lawyer as you get paid.

B) If you lose your lawsuit, or there is no money recovered on your judgment, sometimes you do not have to pay the lawyer at all.

C) You can find excellent representation (a good and perhaps expensive attorney) that might otherwise be out of your financial reach.

D) Because your lawyer will not be getting paid by the hour, you may get more interaction and questions answered, with less concern about "watching the clock".

E) Your attorney might work harder if they are paid on a contingency basis, because their fee is at stake.

F) If your adversary finds out you are paying by the hour, they are more likely to use delay tactics to attempt to exhaust your funds.

Usually, when your lawyer does not make progress recovering your judgment, it is because your judgment debtor has no available assets to collect. Once in a while, the judgment debtor has assets, however the attorney is too busy with other lawsuits and judgments. Many attorneys put their first priorities on their clients that pay hourly. When time permits, they work on their contingency client cases. Usually, this is not an issue, however it sometimes means they never get around to working on your judgment.

What if you want to fire your contingency lawyer? When you are trying to win your current ongoing lawsuit, there is not much you can do; except make arrangements, and pay the lawyer off. Usually, the next step is to find another lawyer to resume your lawsuit.

What if you retained a lawyer to win your judgment and/or recover your judgment? Post judgment, what if you decided they made little or no progress to recover your judgment, and now you want your judgment back? There may be a few options.

Many contingency lawyers include quantum merit clauses, so if you fire them, you will owe them for the work they have done so far. Often, contingency lawyers will not release your judgment until you pay them. When you want your judgment back, the obvious way is to work out a deal to pay them something between what you can afford, and what you owe your attorney in full.

It may also be possible to find a judgment outsourcing solution with a plan having a priority to pay your lawyer. Outsourcing your judgment on a contingency basis may cost between 12% and 65% of what is recovered, depending on your judgment debtor's available assets.

Before outsourcing your judgment, find out from your lawyer how much is, or will be, owed to them for any future recovery; and that outsourcing your judgment recovery is OK with them. The best outsourcing solutions do not require you to assign your judgment, so it does not interfere with any existing ownership contracts.

For a judgment outsourcing example, you have a $100,000 judgment, where nothing has been recovered so far. If the judgment is not outsourced, there might forever be zero dollars to share with the lawyer having a lien on your judgment. With an outsourced solution that costs (e.g.) 40%, you and your lawyer will share 60% of what may be recovered.

Outsourcing a judgment may cost a large portion of what may be recovered, however half of something is better than all of nothing. Outsourcing your judgment will require no work and very little or no expense, making it a very attractive option.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

What Type of Natural Gas Expert Witness Should You Hire?

Which Expert Should You Choose?

Some companies lose their case because they fail to hire the right expert witness. So if your company is involved in a natural gas litigation case, choosing your witnesses wisely assures you of a winning case.

If you browse through an expert witness directory, you'll get a long list of gas expert witnesses. But since the gas sector is a wide industry, you want to hire an expert who specializes in the case you're trying to win.

Here are some of the practice areas that a natural gas expert can fall in.

natural gas exploration and drilling quality control, manufacturing, and processing construction logistics and transportation engineering financial matters design and architecture

These areas are filled with highly qualified professionals who hold different titles such as the following: engineers, consultants, drilling specialists, financial experts, and architects. These gas experts have spent many years of practice in the industry, and they have handled simple to complex tasks and projects. Some of these projects include lift and hyrdraulics design, drilling, and well exploration projects.

How Can a Natural Gas Expert Help You in Court?

Once you've chosen the right natural gas expert witness, you're ready to face the opposing counsel with winning confidence. Here are the things that a natural gas expert can do to help you win your case.

First, the expert performs a thorough examination of your case and looks for things that you can use to your advantage. He also works closely with your lawyer to provide insightful suggestions on how to work on the case's loopholes.

Next, you can rely on your witness expert to help you with a detailed documentation that may be needed in court. For instance, if you're involved in a construction defect or damage litigation case, an engineer expert can provide you with a detailed report on the extent of the damage or defect.

Last, the expert can confidently testify in court, explaining the details of his findings and what is included in his report. Experienced experts know that they should not be subjective, so you can rely on your expert to know exactly what to say and do. Also, during cross examinations, the natural gas expert witness can answer all the cross-examining lawyer's questions with ease and confidence. No matter what kind of tactics the opposing counsel throws in to destroy the witness's credibility, he remains calm and not argumentative.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

What Are The Benefits Of Employing A Business Lawyer?

Unfortunately, most companies fail to make contact with a business lawyer until they are being sued. Whilst this is a situation that definitely warrants the assistance of a lawyer, there are actually a number of other areas in business that their advice can be highly beneficial. Most of their work involves ensuring that all actions made by your company are legal and that the risks of potential lawsuits are lowered considerably. Some of the benefits associated with employing a lawyer include:

Familiarity with statutory laws and regulations

Business lawyers will most likely be much more familiar with the laws and rules surrounding your company than you are. This enables them to ensure that all of your transactions are legal according to taxation law, contract law, and so on. They can help you to draft contracts for your employees and suppliers, to respond to the conditions of a contract drafted by someone else, to handle lease documents for your office or store space, and to protect your logo or company colours.

Association with taxes and licenses

Even though your accountant is responsible for preparing and filing your company's tax returns each year, a business lawyer is actually responsible for registering your company for tax identification numbers and for looking into the tax consequences of all your transactions. With the help of a lawyer, all of your transactions will be legal and you will be able to meet any taxation issues head on - something that an accountant is unable to do.

Expertise and experience with the law

By ensuring that you employ a business lawyer who is highly experienced with businesses in your niche industry, you can help to ensure that your company is represented as effectively as possible. Your lawyer will be able to answer all your questions in a direct and knowledgeable manner, as well as being able to communicate efficiently with yourself and other employees and partners within your company to ensure your ends are achieved.

If your company is yet to meet with a business lawyer to discuss the legalities surrounding your operation, it is never too late to organise a meeting. Look for lawyers who are based in your local area and who are just as happy to come into your office as you are to go into theirs. Don't wait until you are being sued because, by then, it could be too late to save your company from complete destruction.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Win Your Case With a Protective Gear Expert Witness

Safety at Work Should be Top Priority

At work, employees face different kinds of hazards that range from biological to human-related. That is why it is the duty of companies to make sure that the workplace is safe at all times. Sad to say, however, that sometimes, there are instances when safety is compromised leading to accidents, injuries, and damages.

Naturally, when someone is injured, he fights for a compensation that the law says he deserves. Depending on certain factors, the case can be settled off-court or through a painstaking trial. Either way, the plaintiff needs all the help that he can get. And one of the people who can be relied on is a protective gear expert witness.

Protective Gear Expert Witness: How Can He Help?

A protective gear specialist is an expert in all things related to safety and protective gears and equipment. So if your injury is caused by your employer's failure to provide you with the appropriate safety equipment (knowing the nature of your job), the testimony of a protective gear authority is a powerful tool that your lawyer can use to get your compensation.

During trial, the expert is expected to present his findings, recommendations, and expert opinion in a neatly bundled report. When he testifies, he is also obliged to clearly and fully explain why he came up with such an opinion. His testimony either makes or breaks the case.

Stephan Schmidheiny and His Asbestos Factories

In February of this year, Stephan Schmidheiny, a Swiss industrialist and his partner, was found guilty and responsible in the deaths of hundreds of workers in their asbestos manufacturing factories. According to reports, more than 3,000 people died as a result of exposure to this deadly mineral. Schmidheiny and his partner was well aware of the dangers of asbestos, but they did not take measures to protect their workers. In the end, they were ruled guilty and the court is ordering them to pay a hefty amount in punitive damages, plus a 16-year imprisonment.

Of course, before the court reached a decision, a handful of expert witnesses were called to the stand. These experts come from different areas of expertise, and one or a few of them are protective gear specialists. The duty of the expert is to provide the court with his findings that the workers were not given enough protection against asbestos, and that asbestos is indeed harmful to human beings.

Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

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