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The Devil and the EEOC

There has been long-held belief that employee manuals are not worth the risk of potentially placing the company in situations loaded with liabilities as no written policy can be without implied contracts.   There has never and will never be any endeavor that is zero % risk free but risk must and can be diminished. – In [...]

Taming of the Shrewd

(Updated Monday, Nov. 22, 2010. 9:20 a.m., EST.  See  below.) Many of us will be traveling via plane this holiday week amidst the huge uproar prompted by the TSA’s new screening procedures of AIT (Advanced Imaging Technology) and enhanced pat downs.  In fulfilling this newsletter’s title, Where the TSA went wrong (thus far): 1.  Announcements like “AIT [...]

How to Read Fingerprints

No two fingers have ever been found that are identical.  No two fingerprints have been found that are anywhere near identical.  So the best evidence is empirical. But there has always been an intrinsic appeal to develop a mathematical basis, a statistical basis for fingerprint uniqueness.  And this interest commenced almost at the dawn of [...]

Drawing A Line In The Cement: NYCRR: Sidewalks

We’re tackling the issue of NYC’s sidewalk maintenance, use and liability, early this year, before any unintended skating events occur on any of the City’s 12,750 miles of sidewalks. The following information pertains to the sidewalk rules and regulations for the 5 boroughs of New York City. Sidewalk Maintenance The sidewalk in front of any [...]

Witness Statements Done Right

Witness statements; seem simple enough. The attorney needs the incident/accident details; recorded in an accurate and concise manner. Often, however, it is the experience of both the seasoned field investigator and the harried trial lawyer to have obtained a witness statement only to realize later that it is not as comprehensive as he or she [...]

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