Do the Due, Diligence

2010 February 8

We recently encountered a challenging situation; 30 witnesses to verify and serve, 2 days before the trial date. There were a myriad of reasons why the attorney was unprepared for trial but several incidents did come to light during this hectic process that we are passing along:

1. Consult with your trial prep person at least several weeks before trial.  

Meeting with your trial prep firm allows the investigator to become aware of the case facts, and now gives him/her the time to review, formulate and then execute an operations plan.  (There will always be last minute filings, service, subject locates… that have to be performed.  An experienced trial prep firm will allow resources for those unforeseen final events.)

2. Basic Paperwork and Activity To Have Completed Pre-Trial

- Special Power of Attorney.  This should be obtained from the injured client from the outset.  (In this recent case, the client lived several states away and was not readily able to come up and sign authorizations.)

- HIPPA authorizations.  If there is a hint that the records may contain medical information, in NYS,  a duly executed HIPPA authorization form must be attached to the subpoena request for testimony and or records.

- So Ordered Subpoenas.  Generally, among other criteria, if a city, state or federal agency is involved, a So Ordered Subpoena (signed by a judge) must be obtained at the trial court.

- Subject Locates - Don’t do these yourself online at the common locator sites most amateurs use to locate loved or lost ones (they may have chosen to be that way for a reason).  Have your investigator conduct comprehensive locates, especially in cases that have gone on for a while, in substitutions and in any situation where time is short.

Tip:  When dealing with EMS documents, note the shield numbers.  If the shield number is 6,000 or above (e.g. Shield# 7206 or 6024) this is a private ambulance that has responded.  Do not subpoena the FDNY at MetroTech for the Ambulance Call Report.  They won’t have it.  In the section underneath “Comments” on the ACR, there is a field for Hosp #.  The number in that field reveals the hospital associated with the responding ambulance.   (There may be one of two numbers written into this field; a 3 digit number is the trauma center designation and the number in parens is the FDNY hospital code assignment.  Almost all EMS personnel use the paren’d 2 digit FDNY code.)  See below for NY County Hospital Codes. (For other boroughs: shoot us an email, we’ll send you the links.)

Hospital Information

Hospital Name Disposition Code Hospital Name Disposition Code
Bellevue Hospital 712 (02) Beth Israel Medical Petrie Campus 713 (03)
Cabrini Medical 715 (63) Goldwater Memorial Hospital – Coler Site 714
Goldwater Memorial Hospital – Goldwater Site 720 Harlem Hospital 721 (07)
Hospital Joint Diseases Ortho. Inst. 735 Hospital For Special Surgery 723
North General Hospital 758 (09) Lenox Hill Hospital 728 (11)
Manhattan Eye, Ear & Throat Hospital 730 (05) Memorial Hospital – Cancer & Allied Diseases 731 (08)
Metropolitan Hospital 732 (12) Mount Sinai Hospital 734 (13)
New York Eye & Ear Infirmary 736 New York Presbyterian Hospital Weill Cornell 737 (14)
New York University Downtown Hospital 941 (01) New York University Hospitals 739 (15)
New York Presbyterian Hospital
Columbia Presbyterian Division
742 (17) New York Presbyterian Hospital – Allen Pavillion 749 (16)
Rockefeller University Hospital 743 St. Clares Hospital & Health 746 (19)
St. Lukes-Roosevelt Hosp.
Roosevelt Hospital Division
759 (18) St. Lukes-Roosevelt Hosp.
St. Luke’s Division
745 (20)
St. Vincents Hospital & Medical of NY 748 (21) Veterans Administration Hospital 724 (10)
Beth Israel Medical Singer Division 718 (04)    
  • (Number in Parenthesis indicates FDNY Hopital Number)
  • ‡ indicates trauma center designation

BNI Operatives: Street smart; Web savvy.

As always, stay safe.

Work-Proof Your FB Page

2010 February 1
by Lina Maini

The interview is over. You think it went well.  You’re planning on buying a new car.  Your prospective employer, in the meantime,  is  checking Facebook, LinkedIn and other social networking sites to gain a 360 degree profile on who you really are and how your personality will fit in with the company. 

Hints to employer-proof your site: 

1. Make your profile and photo albums private to the public.  

Change your account settings to private, anybody in your alumni, work, or city network can click on your profile or photo album and see all of the contents on your Facebook page. Make your profile and photo albums private, and only allow your friends in your network see the contents of your page.  

How: Click on settings, privacy settings, profile, and change the settings so that only friends can see your page.  

2. Create separate “friends’ lists” and use the limited profile   

 Create separate “friends’ lists” for colleagues, and put your professional contacts on a limited profile view to control the content on your page they may have access to.  

How: Click on friends. Scroll to the bottom left side of your page, and click “create” to create a new friends’ list. You will then be prompted to select which contents on your page people on this list have access to. Conversely, you can add them on your “limited profile” list and also do the same.  

3. Disable your “View Pictures of Me”  

Disable your “view pictures of me” feature so that you can stay in control of which photos of you get posted online. 

How: Click on settings, privacy settings, profile, and change the “photos tagged of me” feature so that nobody can see photos tagged of you, including friends.  

4. Disable your “Wall”  

Disable your “wall” so that you can only receive inbox messages and keep your private life outside of work to yourself. 

How: Click on settings, privacy settings, profile, and unclick “friends may post to my wall.”  

 5. Use your common sense  

It takes years to build up your professional reputation, and only seconds to ruin it. Anything you post can be emailed or fowrded with just a click.   Review your social network page as a boss would.  Would you hire you? 

BNI Operatives: Street smart; Web savvy. 

As always, stay safe.

Top Five Comebacks; Interview Intake Form

2010 January 24

1. ABRAHAM LINCOLN

Abraham Lincoln was not the most attractive presidents but he was in a sense, almost fascinatingly ugly. During a debate, Lincoln was accused by his more hostile opponent of being two-faced. Lincoln managed to accomplish what few men have done before, he defended himself without insulting the other man, and even poked fun at a flaw of his all in the same sentence. Lincoln calmly turned to the crowd and said:

“If I had two faces, do you think I’d be wearing this one?

 

2. MOZART

A young man began a correspondence with Mozart, and the following was exchanged:

Q: “Herr Mozart, I am thinking of writing symphonies. Can you give me any suggestions as to how to get started.”
A: “A symphony is a very complex musical form, perhaps you should begin with some simple lieder and work your way up to a symphony.”
Q: “But Herr Mozart, you were writing symphonies when you were 8 years old.”

A: “But I never asked anybody how.”

3. OSCAR WILDE

Lewis Morris (on being overlooked for the poet laureateship): It is a conspiracy against me – a conspiracy of silence. What should I do?
 

Oscar Wilde: Join it!

 

4. GENERAL PETER COSGROVE

“FEMALE INTERVIEWER: So, General Cosgrove, what things are you going to to teach these young boys when they visit your base?

GENERAL COSGROVE: We’re going to teach them climbing, canoeing, archery, and
shooting.

FEMALE INTERVIEWER: Shooting! That’s a bit irresponsible, isn’t it?

GENERAL COSGROVE: I don’t see why, they’ll be properly supervised on the
rifle range.

FEMALE INTERVIEWER: Don’t you admit that this is a terribly dangerous activity to be teaching children?

GENERAL COSGROVE: I don’t see how. We will be teaching them proper rifle
discipline before they even touch a firearm.

FEMALE INTERVIEWER: But you’re equipping them to become violent killers.

GENERAL COSGROVE: Well, Ma’am, you’re equipped to be a prostitute,  but you’re not one, are you?

 

5. VOLTAIRE

Voltaire was discussing an acquaintance with a friend, praising him lavishly. The friend then told Voltaire that, unfortunately, the acquaintance had spoken disparagingly of Voltaire and his work.

The pithy reply: “Perhaps we are both mistaken.”

(The above was compiled with help from our friends at toptenz.net.  Thanks!!)

INVESTIGATIVE TIP OF THE WEEK:

Accompanying a witness statement should be an INTERVIEW INTAKE SHEET, containing at least following:

CLIENT

FILE # /REFERENCE

DATE OF INTERVIEW

TIME OF INTERVIEW

WITNESS NAME

HOME ADDRESS

HOME PHONE NUMBER

CELL PHONE NUMBER

WITNESS DESCRIPTION:

  1. Sex
  2. Age
  3. DOB
  4. SSN
  5. D/L # (State Issued, Exp. Date)
  6. Height
  7. Weight
  8. Hair Color
  9. Eye Color
  10. Mustache
  11. Beard
  12. Eyeglasses
  13. Other

EVALUATION (COOPERATIVE/HOSTILE; KNOWLEDGEABLE/MINIMUM RECALL…)

ADDRESS WHERE INTERVIEWED

NOTES SECTION

(Advice: For the investigator/attorney conducting the interview: Use a bit of discretion.  You don’t  necessarily need to ask a person his/her weight or the nature of physical characteristic, i.e. involuntary eye twich, limb loss…)

===============================================================

BNI Operatives: Street smart; Web savvy.

As always, stay safe.

How To Crack Forgotten PDF Password

2010 January 18

We deliver our client reports  mostly in PDF format.   For several reasons, mainly to avoid modification, we have set passwords to all of our pdf docs. There are two types of security passwords that are utilized with PDFs: the user password which will prevent anyone from opening the document and the owner password with which one can avoid having the document copied, modified or printed.

PDF security may present problems however if you or anyone in your firm/company loses the user password for your own files or you are accessing someone else’s files and they have forgotten their owner password.

WARNING

Be careful. Depending on the country in which you reside/work, attempting to crack any encryption software could be illegal, even if you own the content. Make sure you are legally entitled to access the data before attempting any of the below methods.

When you cannot copy or modify the PDF file, try a non-Adobe Print to PDF

If the file you’ve downloaded from your library is locked, you may not be able to mark-up the electronic copy.

Try printing the document to PDF again, but using a non-Adobe PDF converter. It should look the same, and you will be able to modify the new version, so you need not print it out before reading it.

When you cannot copy or print the PDF file, try Gmail

To extract the text from a protected PDF file, mail it to your Gmail account, then use the “View as HTML” option. This should allow you to copy the text and (most of) the images, and to print a version of the file, though the layout may not be similar. This may not work with very large files.

When you cannot copy or print the PDF file, try a Password Remover

You can often remove the owner password using AnyBizSoft PDF Password Remover or similar software.

When you can not open the PDF files, try Password Recovery

Cracking the user password is very difficult and time-consuming. There is password recovery software that typically will use a brute force approach, trying all possible combinations. These methods of cracking could take days or even longer, but should produce results eventually.

BNI Operatives: Street smart; Web savvy.

Our thoughts and prayers are with the people of Haiti and all affected by the horrific earthquake that struck  the island  this past Tuesday afternoon.  The loss of lives is in the tens of thousands; the suffering incalculable.  May their pain be eased. 

As always, stay safe.

Out With The Old (Profitably) and In With the New (Free)

2010 January 11

This post’s topic was intentionally delayed.   1. We thought it reasonable to wait out the food-laden, financially draining, emotion coin flipping, holiday season.  (This Bulletin also serves as notice that the holiday season is, in fact,  over.) 2. Suggestions during the holidays, however well-intentioned, are just unfair.   3. Well, it wasn’t so much for the second reason as it makes no practical sense to pile on more bright ideas until one’s had time to settle down and make a calm assessment.    TwentyTen has already definitely declared itself as  the “Change, Already” year.   (Divorce attorneys,  and, conversely reasonable, marriage counselors, hold high hopes for this year.)   This Bulletin presents several top sites for getting rid of old stuff (for profit) and getting new stuff (for free).

Sell Your Old Cell:  I was gifted a new iPhone.  I sent in my old one and received $100 (and, they paid for the shipping). http://www.ibuyphones.com/

Upgrading Your Business Computer Equipment? Get Rid of the Old Stuff for $$:  This company has agents to assist you in just about any location in the U.S.  http://www.spintradeexchange.com/

Free Windows Data Wiping Tool:  Your IT person should be able to handle the office computers.  No reason for him/her to have access to your personal laptop or home pc.  This great free app is easy to use, effective and performs at Department of Defense standards. FreeEraser.

(Specific to NYC)  Time to update the cubicles:  OfficeFurnitureNYC generally buys in quantities of 50 cubicles or more but they do have a small business listing  (a worthy addition to CraigsList or other local posting boards).  In their own words, “This is a list of New York, New Jersey and Pennsylvania firms who have used office furniture and small NGO’s and Non-Profit organizations that are looking for furniture donations.  OfficeFurnitureNYC.

For the young lawyer (or journalist) -to- be in the family: One of the most interesting internships we’ve come across for those interested in the freedom of the press and media law.  Notice: Application deadline is 2/01/2010.  The Reporters Committe for Freedom of the Press.  Impressive steering committee, representing every major news source in America, from the NYT, WSJ, The Atlantic, HuffPo, Politico… Great free FOI and decision recaps in current  national major cases source, too.  Home Page for RCFP.

Divorce Attorneys: Lawyers.  (Of course there’s a disclaimer. Please also see our similar below.)

Marriage Counselors:  Therapy.   (Search for a certified counselor 1 – 100 miles from any zip code. Distance preference is not indicative of one’s marital commitment.)

Our disclaimer: We have nothing to do with any of the above suggested sites, organizations, entities… We’re not at all responsible for their services, recommendations or results.

BNI Operatives: Street smart: Web savvy; New year happy.

As always, stay safe.

All Hale Twenty Ten! Top 10 Legal of the Decade/2010

2010 January 3

Welcome to Twenty Ten!  We trust and hope our readers will enjoy a good new year! (We have to, as the latest Rasmussen poll states 72% of us believe 2010 will be better.)

Starting off this new year is our Top Ten of 2010 in various lawyer/legalprofessional-related categories – some fun, some data, all factual:

Vault’s Top 10 Law firms for 2010:  Peer voted (beginning with the top rated firm in the nation):

  • Cravath, Swaine & Moore
  • Skadden, Arps, Slate, Meagher & Flom
  • Sullivan & Cromwell
  • Davis Polk & Wardwell
  • Weil, Gotshal & Manges
  • Simpson Thacher & Bartlett
  • Cleary Gottlieb Steen & Hamilton
  • Covington & Burling
  • Kirkland & Ellis

 

Top 10 TV Lawyers:  The listing is for the 2000 through 2010 seasons:

10. Bobby Donnell (The Practice, Dylan McDermott

9. Barry Zuckerkorn (Arrested Development), Henry Winkler

8. Michael Cutter (Law & Order), Linus Roache

7. Sarah “Mac” Mackenzie (JAG), Catherine Bell (below left)

6. Dennis “Denny” Crane (Boston Legal), William Shatner

5. Harvey Birdman (Harvey Birdman, Attorney at Law), voiced by Gary Cole

4. Harmon “Harm” Rabb, Jr. (JAG)—David James Elliot

3. Ted Buckland (Scrubs),  Sam Lloyd

2. Patty Hewes (Damages), Glenn Close

And #1, the man himself, Jack McCoy (Law & Order), Sam Waterston.

Other top 10 lists of interest:

Top 2010 Law School Rankings

Top 2010 NYC and NYS Law School Rankings

JD Supra’s Lawyers & Legal Professionals Looking Ahead to 2010

Again, welcome back, <rolling up the arm sleeves>, it’s time to make Twenty Ten a powerful year.

Reminder: Add the 2010 copyright year on your publications, forms, contracts…!!

BNI Operatives: Street smart; Web savvy; 2010 geared.

As always, stay safe.

Happy New Year!

2009 December 28
by Lina Maini

The Beacon Bulletin is on vacation until next week.

We wish all of our readers and their loved ones a healthy, safe, sane and prosperous New Year!!

See you in 2010.

Ancestry Sites – The Start of a Very Bitter Relationship.

2009 December 21

During the holiday season, we often run into relatives that we rarely see, might never have known and recap the year’s changes re: births, deaths… within the family.  We make promises to be in touch and oftentimes, we now turn to technology – in the form of ancestry sites, to help us maintain our family ties.

There are many ancestry sites online that help us reconnect with our lost, or find unknown, family members.  A majority of these sites can disappoint by posting  incomplete, mismatched records, dubious source information… The most popular ancestry site, Ancestry,  rises above  these issues by operating on a legitimate, comprehensive, matched data verification system. Annual registration for Ancestry starts at roughly $150 year and, of course, there are buy-ons you can add to your account.

Regardless of the perceived security of  ancestral online database membership, these sites often, inadvertently provide a gateway for gathering  personal information by  identity thieves.  While phishing (hacking) is still the preferred method of anonymously obtaining personal data,  our savvy thieves realize that they can potentially legally get away with obtaining the information they seek by carefully selecting their victims. 

The general M.O. of an i.d. theft criminal is to locate a “mark”, someone who appears isolated from the rest of the family, generally someone old, lonely, naive, confined or infirm.  The use of an ancestry site allows the thief to gain insider information on the victim’s family.  Perceived familiarity can put an innocent, unsuspecting person at ease.

From there, it is simple for an i.d. thief to run a background check on his target on any number of the data providers now available online.  This search can yield hard information; ranging from current address, address histories, mortgages, voter registration, professional licenses, email addresses, phone number, relatives,  neighbors…

If a criminal takes the time, he can form a  fairly accurate profile of his target before the victim is even aware that anyone is looking into his/her background.

Some helpful hints to keep identity thieves off-base. 

If a site demands your SSN, do not provide it.

DOBs are optional. (Most legitimate sites will allow you to simply click off that you are over 13 y.o.)

In filling out promotional offers (and we all do this!), use a middle initial not associated with your real name.  It’ll allow you to keep track of how your personal information is being distributed.

If  you wish to add pictures on the site you wish to join, a) elect for the pictures are to be available only to those you chose to opt in and b) upload a generic pic that does not have  your house number or vehicle plate or other identifiers in the photo.

If you’ve taken as many preventative measures as possible and still get “phished” or have your identity stolen, you need to contact your local police immediately as well as your banking institutions, medical, driver’s insurance companies and alert your friends and family so that they will be aware and not inadvertently release additional  personal information.

Good luck and as they say in poker, keep your cards close to your vest.

BNI Operatives: Street smart; Web savvy.

As always, stay safe.

Travel Watch: Countries With U.S. Extradition Treaties

2009 December 14

In light of recent international  legal jurisdictional issues  (e.g., accused child rapist Roman Polanski, the 6′9″ , 250 lb. Serbian thug,  Miladin Kovacevic’s flight to his homeland after beating 135 lb. Binghamton University student, Bryan Steinhauer into a coma… ) , we thought it important for Americans to know the countries with which we have extradition treaties.

From Wikipedia:

The following is a List of United States extradition treaties :

Country Date signed Entered into force
Albania March 1, 1933 November 14, 1935
Antigua and Barbuda June 3, 1996 July 1, 1999
Argentina June 10, 1997 June 15, 2000
Australia May 14, 1974
September 4, 1990
May 8, 1976
December 21, 1992
Austria January 8, 1998
May 19, 1934
January 1, 2000
September 5, 1934
Bahamas March 9, 1990 September 22, 1994
Barbados February 28, 1996 March 3, 2000
Belgium April 27, 1987 September 1, 1997
Belize March 30, 2000 March 27, 2001
Bolivia June 27, 1995 November 21, 1996
Brazil January 13, 1961
June 18, 1962
December 17, 1964
December 17, 1964
Bulgaria March 19, 1924
June 8, 1934
June 24, 1924
August 15, 1935
Burma December 22, 1931 November 1, 1941
Canada December 3, 1971
Jun. 28, July 9, 1974
January 11, 1988
January 12, 2001
March 22, 1976
March 22, 1976
November 26, 1991
April 30, 2003
Chile April 17, 1900 June 26, 2002
Colombia September 14, 1979 March 4, 1982
Congo January 6, 1909
January 15, 1929
April 23, 1936
July 27, 1911
May 19, 2029
September 24, 1936
August 5, 1961
Costa Rica December 4, 1982 October 11, 1991
Cuba April 6, 1904
December 6, 1904
January 14, 1926
March 2, 1905
March 2, 1905
June 18, 1926
Cyprus June 17, 1996 September 14, 1999
Czech Republic July 2, 1925
April 29, 1935
March 29, 1926
August 28, 1935
Denmark June 22, 1972 July 31, 1974
Dominica October 10, 1996 May 25, 2000
Dominican Republic June 19, 1909 August 2, 1910
Ecuador June 28, 1872
September 22, 1939
November 12, 1873
May 29, 1941
Egypt August 11, 1874 April 22, 1875
El Salvador April 18, 1911 July 10, 1911
Estonia November 8, 1923
October 10, 1934
November 15, 1924
May 7, 1935
Fiji December 22, 1931 June 24, 1935
August 17, 1973
Finland June 11, 1976 May 11, 1980
France April 23, 1996 February 1, 2002
Gambia December 22, 1931 June 24, 1935
Germany June 20, 1978
October 21, 1986
August 29, 1980
March 11, 1993
Ghana December 22, 1931 June 24, 1935
Greece May 6, 1931
September 2, 1937
November 1, 1932
September 2, 1937
Grenada May 30, 1996 September 14, 1999
Guatemala February 27, 1903
February 20, 1940
August 15, 1903
March 13, 1941
Guyana December 22, 1931 June 24, 1935
Haiti August 9, 1904 June 28, 1905
Honduras January 15, 1909
February 21, 1927
July 10, 1912
June 5, 2028
Hong Kong (PRC) December 20, 1996 January 21, 1998
Hungary December 1, 1994 March 18, 1997
Iceland January 6, 1902
November 6, 1905
February 19, 1906
India June 25, 1997 July 21, 1999
Iraq June 7, 1934 April 23, 1936
Ireland July 13, 1983 December 15, 1984
Israel December 10, 1962 December 5, 1963
April 11, 1967
Italy October 13, 1983 September 24, 1984
Jamaica June 14, 1983 July 7, 1991
Japan March 3, 1978
August 5, 2003
March 26, 1980
Jordan March 28, 1995 July 29, 1995
Kenya December 22, 1931 June 24, 1935
August 19, 1965
Kiribati June 8, 1972 January 21, 1977
Korea June 9, 1998 December 20, 1999
Latvia October 16, 1923
October 10, 1934
March 1, 1924
March 29, 1935
Lesotho December 22, 1931 June 24, 1935
Liberia November 1, 1937 November 21, 1939
Liechtenstein May 20, 1936 June 28, 1937
Lithuania October 23, 2001 March 31, 2003
Luxembourg October 1, 1996 February 1, 2002
Malawi December 22, 1931 June 24, 1935
April 4, 1967
Malaysia August 3, 1995 June 2, 1997
Malta December 22, 1931 June 24, 1935
Mauritius December 22, 1931 June 24, 1935
Mexico May 4, 1978
November 13, 1997
January 25, 1980
May 21, 2001
Monaco February 15, 1939 March 28, 1940
Nauru December 22, 1931 August 30, 1935
Netherlands June 24, 1980 September 15, 1983
New Zealand January 12, 1970 December 8, 1970
Nicaragua March 1, 1905 July 14, 2007
Nigeria December 22, 1931 June 24, 1935
Norway June 9, 1977 March 7, 1980
Pakistan December 22, 1931 March 9, 1942
Panama May 25, 1904 May 8, 1905
Papua New Guinea December 22, 1931 August 30, 1935
Paraguay November 9, 1998 March 9, 2001
Peru July 26, 2001 August 25, 2003
Philippines November 13, 1994 November 22, 1996
Poland July 10, 1996
April 5, 1935
September 17, 1999
June 5, 1936
Portugal May 7, 1908 November 14, 1908
Romania July 23, 1924
November 10, 1936
April 7, 1925
July 27, 1937
Saint Christopher and Nevis September 18, 1996 February 23, 2000
Saint Lucia April 18, 1996 February 2, 2000
Saint Vincent and the Grenadines August 15, 1996 September 8, 1999
San Marino January 10, 1906
October 10, 1934
July 8, 1908
June 28, 1935
Seychelles December 22, 1931 June 24, 1935
Sierra Leone December 22, 1931 June 24, 1935
Singapore December 22, 1931 June 24, 1935
June 10, 1969
Slovak Republic July 2, 1925
April 29, 1935
August 28, 1935
March 29, 1926
Solomon Islands June 8, 1972 January 21, 1977
South Africa September 16, 1999 June 25, 2001
Spain May 29, 1970
January 25, 1975
February 9, 1988
March 12, 1996
June 16, 1971
June 2, 1978
July 2, 1993
July 25, 1999
Sri Lanka September 30, 1999 January 12, 2001
Suriname June 2, 1887
January 18, 1904
July 11, 1889
August 28, 1904
Swaziland December 22, 1931 June 24, 1935
July 28, 1970
Sweden October 24, 1961
March 14, 1983
December 3, 1963
September 24, 1984
Switzerland November 14, 1990 September 10, 1997
Tanzania December 22, 1931 June 24, 1935
December 6, 1965
Thailand May 17, 1991
December 30, 1922
December 14, 1983
March 24, 1924
Tonga December 22, 1931 August 1, 1966
April 13, 1977
Trinidad and Tobago March 4, 1996 November 29, 1999
Turkey June 7, 1979 January 1, 1981
Tuvalu June 8, 1972 January 21, 1977
April 25, 1980
United Kingdom March 31, 2003
June 8, 1972
June 25, 1985
December 23, 1986
January 21, 1977
Uruguay April 6, 1973 April 11, 1984
Venezuela Jan. 19, 21, 1922 April 14, 1923
Yugoslavia[1] October 25, 1901 June 12, 1902
Zambia December 22, 1931 June 24, 1935
Zimbabwe July 25, 1997 April 26, 2000

L – List treaty
DC – Dual criminality treaty

Conversely, as horribly exemplified  in the Amanda Knox trial and conviction, when Americans are overseas, we shouldn’t presume our personal and legal rights as we enjoy them here in the United States,  translate equally in foreign legal systems.   One should always be aware of the local American embassy, consulate or missions contact information in destiny and travel  locations.  US Department of State Embassy global listing,

As always, travel  safe, especially during this holiday season.

Product Recall and Defect Investigations: Where to Start

2009 December 7

From cars to painkillers, we’ve conducted numerous product defect investigations.  Today’s Bulletin shares with its reader several relevant jump off research sites.  We concentrate on the Big Three: cars, kids and over the counter and prescription drugs.  For:

Vehicle Recalls and Defect:

1. We suggest a first step: check that your client’s car is the vehicle is appears to be.  The obvious DMV and owner records aside, a visit to CarFax is a good idea.  Bear in mind however that CF is,  after all, a private for profit company, not a governmental agency.  (Vehicles that have been impounded and resold, for example, may not have the same VIN with which they left the factory.  This will not generally show up on a CarFax report.)

2. Next stop: safercar.gov.  A section under the National Highway and Traffic Safety Adminsitration (NHTSA) site, safercar yields up-to-date recall and defect investigation data. 

3. NTSB.  The National Traffic Safety Board is the source for all official aviation, highway, marine and railway accident-related data.  It is the agency of jurisdiction for multiple fatality motor vehicle incident investigations.

 

Children’s Clothing, Furniture, Toy and Other Products

1. US Consumer Product Safety Commission.  In depth reports, easily viewable online via the CPSC’s Reading Room (FOIL compliant.)

2. Food & Drug Administration.   For kids products that contain any form of liquid or food (e.g.,  soap bubbles, shampoo toys,  lickable stickers…).

 

OTC and Rx. Drugs:

1. FDA.  The Food and Drug Administration is the government agency that regulates and supervises the safety of foods, tobacco products, dietary supplements, medication drugs, vaccines, biopharmaceutical product, blood transfusion, medical devices, electromagnetic radiation emitting devices, veterinary products, and cosmetics.    The site displays an informative recently updated jump off page, FDA 101: Product Recalls – From First Alert to Effectiveness Checks.   The FDA also regulates the marketing of over the counter and prescription drugs.

Of course it makes sense in any investigation, to review prior and active lawsuits involving same or similar product.  JDSupra, Lexis and FindLaw are superior sources for this information.

BNI Operatives: Street smart; Web Savvy.

As always, stay safe.