The Beacon Bulletin

Calling it Quits: When to Terminate an Employee

noreply@blogger.com (BNI Central) — Mon, 18 Aug 2008 03:27:00 +0000

(This week we're bringing you a "Classic" Beacon Bulletin, worth a second look...)

In the news recently, there has been a lot of talk of employees' right to sue "bad bosses". The "bad boss" until now, has generally referred to management bullies whose goal has been to publicly humiliate the employee (e.g., having other employees, en masse during meetings, ridicule the substandard performance of the targeted employee, or taking that up a few notches to ordering the sub-achiever wear a clown hat or nose or some other such ridiculous gear). Obviously, the examples cited are not tolerated by a well run organization. But the lines of acceptable reprimands are seen to be fading as employee-rights organizations are now eyeing conditions such as stress-related health issues and coping malbehavior as a result of malicious management practices that are tolerated in the workplace. It is the responsibility of senior management to ensure proper intra-company management methods are in place but it is also prudent to proactively protect the company should it find just cause for an employee's termination.

BNI investigators have worked on numerous cases in which we were assigned to covertly observe employee and management workplace behavior. The eyes of an impartial party often register situations differently from those with a stake involved. This experience has allowed us to formulate the below checklist for deciding if it is time to terminate and if so, how to proceed.

Is It Time To Terminate?

1. Investigate.
If you are considering firing a worker for misconduct, your first step is to investigate the incident. There is always the possibility, no matter how slim, that things are not as they appear to be. And the worker might have an explanation or reason for the misconduct that is not immediately apparent.

2. Check the files.
Never proceed without reading the worker's personnel file. What you find -- and what you don't find -- can have important repercussions. For example, if you are trying to figure out whether to fire someone for persistent problems (poor attendance or performance, for example), you should find some indication in the file that the employee was informed of these issues and given an opportunity to improve. And you should look carefully for any evidence of an employment contract limiting your right to fire the worker at will.

3. Review your written policies.
Read through your employee handbook, personnel manual, and/or any other written policies that have been in effect during the worker's tenure. Do they give the worker sufficient notice that his or her conduct could result in getting fired? If you have a progressive discipline policy, have you followed it? Do your policies place any limitations on your right to fire workers at will?

4. Consider what the worker has been told.
What you say to a employee can be just as important as your written communications and policies. Have you -- or anyone in authority at your company -- said anything that contradicts your written policies and the documents in the personnel file? For example, have you led the worker to believe that he or she would not be fired despite performance or other problems? Has anyone made statements to the employee that could come back to haunt you in a lawsuit -- for example, statements that could be construed as discriminatory or harassing?

5. Compare how you've treated others.
A fired employee's most effective argument to a jury is that you've acted unfairly, by treating the employee differently from others who have been in the same position. If you have always treated your employees by the same rules, you don't have to worry. However, if you've been inconsistent, you should have a valid reason for treating workers differently -- for example, one worker's performance problems lasted longer than another's, or one worker's misconduct was more serious.

6. Consider context.
Even if you have followed your policies, protected your right to fire at will, and been consistent with your workers, one shouldn't ignore the surrounding circumstances. Consider the timing of your firing decision -- for example, if you terminate an employee who recently complained of sexual harassment, can that be perceived as retaliatory? Also look at how this termination will look in light of your other firing decisions. If you see a pattern -- for example, that only women or older workers are being fired, that may allow for a claim.

7. Look at options.
If you're considering firing a worker for persistent problems, you've probably already tried disciplinary measures short of termination. Even so, now is a good time to revisit the issue. Do you think that the employee will be able and willing to improve? If so, a lesser disciplinary measure might be effective -- particularly if you have made some managerial missteps in your dealings with the worker. However, will making an exception or bending the rules for this worker will seem unfair to others? The full picture needs to be taken into consideration. Also, if there has been a management lapse of careful notation in the employee's employment file, correct it immediately. (We are not suggesting suddenly noting past incidents, that will only work in the terminated employee's favor. Just be, or have your managers become, more diligent in record keeping.)

8. Get a second opinion.
If possible, have another person from within your company review your decision to terminate. This will help you make sure that your decision is reasonable, legitimate, and well-supported by the evidence. If the reviewer finds that your decision could be challenged, use his or her comments to help you figure out how you can either salvage the employment relationship or properly document and support your decision.

9. Bring in legal counsel, if necessary.
If you are faced with a close call of any kind -- or if you are unsure whether your decision will hold up in court -- talk to an employment lawyer before you take action. An outside review by an experienced employment-issues lawyer can save considerable time and money in the long run.

10. Document your decision.
If you decide to fire a worker after considering all the angles, you should document your decision in an internal memorandum to the worker's file. Keep it short and sweet -- describe the reasons why you decided to fire the worker, any previous efforts to help the worker improve, and the dates of any previous disciplinary meetings and warnings.

While conscious of the whistle blower laws and or discriminatory hiring practices, an employer may consider an online search for prior lawsuits at appropriate recording sites (e.g. e-law.com).

BNI Investigators: Street smart: Web savvy.

Your Fake International Driver's Permit

noreply@blogger.com (BNI Central) — Sun, 10 Aug 2008 22:07:00 +0000

(We don't suggest employing the driving techniques depicted in the above video, but it does serve as a tongue in cheek reminder that driving practices certainly can differ from country to country. There are so many things wrong in this video re: the driving that it feels like you're viewing a live action picture puzzle!)

Many of our readers may recall that several months ago, our newest partner, Richard J. Henderson, Sr. (ret., NPYD, Detective) joined BNI. Shortly thereafter, we were discussing overseas travel (sorting out our summer schedules) and Rich mentioned this week's subject matter: online businesses selling International Driver's Permits (IDPs). Rich informed me that there were actually only two organizations, authorized by the US State Department, to sell IDPs.

With many people still looking forward to vacation and college students interning abroad, we feel it timely to focus this week's Bulletin on the secure way to obtain your IDP.

Below is a very recent article from AAA; one of the two federally authorized IDP issuers:

AAA Warns Motorists Traveling Abroad to Avoid Online Driver License Scams

WASHINGTON, Aug. 7 /PRNewswire-USNewswire/ -- AAA is urging U.S. residents who plan to drive while traveling abroad to avoid purchasing fraudulent International Driving Permits (IDP), especially over the Internet.

Authentic IDPs and Inter-American Driving Permits (IADPs) are official translations of a motorist's driver's license for use when driving in another country. AAA is one of just two organizations authorized by the U.S. State Department to sell the documents to valid U.S. driver's license holders (the American Automobile Touring Alliance is the other). An IDP costs $15 from AAA and can be purchased by anyone 18 years or older who presents a valid U.S. driver's license at any of the more than 1,100 AAA offices around the country, or by mail following instructions at www.AAA.com/vacation/idpc.html.

"A fraudulent IDP or IADP could result in legal problems or travel delays if a person is detained while using it to drive in a foreign country," said Doug Bower, vice president of Travel for AAA. "People who buy them from fraudulent online brokers and spam e-mailers are wasting their money."

The Federal Trade Commission has previously alerted consumers to these scams, while putting the offending marketers on notice that this conduct won't be tolerated. According to AAA, these scams can lead innocent travelers to spend hundreds of dollars for false documents. The FTC's consumer alert on IDPs can be found on its web site at www.ftc.gov/bcp/conline/pubs/alerts/idpalrt.shtm.

As North America's largest motoring and leisure travel organization, AAA provides more than 51 million members with travel, insurance, financial and automotive-related services. Since its founding in 1902, the not-for-profit, fully tax-paying AAA has been a leader and advocate for the safety and security of all travelers. AAA clubs can be visited on the Internet at www.AAA.com

AAA

If you're traveling abroad; travel with peace of mind - visit the AAA site and order your IDP there.

BNI Operatives: Street smart; Websavvy.

As always, stay safe,

Lina

SeeThruNY: Online NYS Gov't Employee Database

noreply@blogger.com (BNI Central) — Sun, 03 Aug 2008 04:01:00 +0000

Okay, we couldn't resist the above 40-second video, but this week (seriously), we bring you straight info:

Often we are asked to identify government employees, bids, contracts... This is the site and the info: As of May 08, 2008, the Empire Center for New York State Policy has introduced databases to make New York government more transparent. The Center’s project, SeeThruNY, unveiled a database of names and salaries for more than 263,000 employees of New York’s state government. (The Center also maintains other databases of New York government contracts and expenditures.)

BNI Operatives: Street smart; Web savvy.

Stay safe,

Jonathan Caspian
CIO, BNI, Investigations

LockPicking Courses OnLine - From Your House to the White House

noreply@blogger.com (BNI Central) — Mon, 28 Jul 2008 10:52:00 +0000

As the above video clearly displays, opening any locked door, is very easy - even for a non-professional lock picker. The Slate article in this Bulletin reports how popular lockpicking (known as locksport) has now become - with training videos and clubs - springing up all over the nation.

Pick a Lock, Any Lock
YouTube makes it easy to learn the finer points of breaking and entering—and locksmiths aren't happy.
Slate
Posted Wednesday, July 23, 2008, at 3:39 PM ET

Locksmiths and lock manufactures have found themselves in a jam. The skills of their trade, passed down through generations under conditions of occult secrecy, have been jimmied open online (subscription required). The professionals are crying foul over enthusiasts of "locksport"—amateur lock pickers who congregate on the Web to discuss how to pick locks. The amateurs do this for fun, not mischief, they say; there's a sublime thrill in charming a deadbolt to turn your way. And they argue that by finding and publishing flaws in some of the most popular locks on the market—from the locks you've got on your front door to those the president has on his—they're forcing improvements in security. Lock professionals say the opposite is true: that in showing people how to pick locks, hobbyists are swinging your doors wide open to criminals.

This is a familiar tale. Its plot points echo those of many recent computer-security debates. An entrenched community that's used to working in secret suddenly sees its entire business upended by the secrecy-busting ways of the Internet. It's a fate suffered by voting machine firms, software companies, and ATM manufacturers. Now it's happening to locksmiths and lockmakers, too.

But there are a few interesting wrinkles to the skirmish between amateur and professional lock wranglers. For one thing, unlike security-services company Diebold, the locksmiths and lockmakers aren't just fighting a new crop of activists. They're fighting a new subculture—really, a new sport.

All of us are trying to stay one step ahead regarding especially our private security. No doubt, techonology is giving us a run, but it still ultimately comes down to the simple things: having a good alarm system in place, dead bolts and sharp-eyed neighbors.

For the full article, please continue on to Slate, Locksport.

BNI Investigators: Street sharp; Web savvy.

Stay safe,

Jon Caspian

Backyard Danger: New Pool Regs/NYS

noreply@blogger.com (BNI Central) — Mon, 21 Jul 2008 11:44:00 +0000

Given the recent record-breaking temperatures here in NY, we think it a timely entry to re-issue our pool safety Bulletin from last season, with several added updates.

According to data (compiled from various federal agencies and industry monitoring organizations), in a given year, there is one drowning of a child for every 11,000 residential pools in the United States. (In a country with 6 million pools, this means that roughly 550 children under the age of ten drown each year.)

Below please find the full NYDOS amended text (12/14/2006) version of NYCRR Title 19 re: pool alarms. Feel welcome to contact BNI for our post pool/water-event checklist. There are often many variables involved in pool-related incidents. Our checklist has been developed over more than a decade of conducting these types of investigations.

TITLE 19 (NYCRR)

CHAPTER XXXIII - STATE FIRE PREVENTION & BUILDING CODE COUNCIL

SUBCHAPTER A - UNIFORM FIRE PREVENTION & BUILDING CODE

1221.3. Swimming pool alarms. [amended text 12/14/2006]

(a) Purpose. Paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any “residential or commercial swimming pool constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm.” The Introducer’s Memorandum in Support of Chapter 450 states, in pertinent part, that “drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York. . . . (T)echnological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.” This section and section 1220.5 of Part 1220 of this Title are intended to implement the provisions of Executive Law section 378(14)(b).

(b) Definitions. The following terms shall, for the purposes of this section and for the purposes of section 1220.5 in Part 1220 of this Title, have the following meanings:

(1) Approved. Approved by the code enforcement official responsible for enforcement and administration of the Uniform Code as complying with and satisfying the purposes of this section and section 1220.5 in Part 1220 of this Title.

(2) Commercial swimming pool. Any swimming pool (as defined in paragraph (4) of this subdivision) that is not a residential swimming pool (as defined in paragraph (3) of this subdivision).

(3) Residential swimming pool. A swimming pool (as defined in paragraph (4) of this subdivision) which is situated on the premises of a detached one- or two-family dwelling; a multiple single-family dwelling (townhouse) not more than three stories in height; a one-family dwelling converted to a bed and breakfast; a community residence for 14 or fewer mentally disabled persons, operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities; a one-or two-family dwelling operated for the purpose of providing care to more than two but not more than eight hospice patients, created pursuant to Article 40 of the Public Health Law, and defined as a hospice residence in §4002 of said Law; a manufactured home; a mobile home; or a factory manufactured dwelling unit.

(4) Swimming pool. Any structure intended for swimming, recreational bathing or wading which contains or which is designed to contain water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.

(5) Substantial damage. Damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its before damaged condition would equal or exceed 50 percent of the market value of the swimming pool before the damage occurred.

(6) Substantial modification. Any repair reconstruction, rehabilitation, addition, or improvement of a swimming pool, the cost of which equals or exceeds 50 percent of the market value of the swimming pool before the repair, rehabilitation, addition, or improvement is started. If a swimming pool has sustained substantial damage, any repairs are considered to be a substantial modification regardless of the actual repair work performed.

(c) Pool alarms. Each residential swimming pool installed, constructed or substantially modified after December 14, 2006 and each commercial swimming pool installed, constructed or substantially modified after December 14, 2006 shall be equipped with an approved pool alarm which:

(1) is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water;

(2) is audible poolside and at another location on the premises where the swimming pool is located;

(3) is installed, used and maintained in accordance with the manufacturer’s instructions;

(4) is classified by Underwriter’s Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F2208, entitled “Standard Specification for Pool Alarms,” as adopted in 2002 and editorially corrected in June 2005, published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428; and

(5) is not an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation.

(d) Multiple pool alarms. A pool alarm installed pursuant to subdivision (c) of this section must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be installed.

As always, be safe,

Lina

In A Down Market; Increase Your Firm's Business, Part II/II

noreply@blogger.com (BNI Central) — Sun, 13 Jul 2008 10:00:00 +0000

In a recent Wall Street Journal article by Jamie Heller, law firms will experience a flat to 5-6% decline in business this year. Partners are being scrutinized more closely as is outside counsel. Our experience in the field indicates that firms are less inclined to take on personal injury cases unless there are obvious injuries (i.e., fractures). Soft tissue injury cases are becoming a matter of the past as are medical malpractice cases, which are often labor-intensive, with hard to prove relationships between malpractice and injury and prohibitively costly expenses (expert witnesses, reconstructions, research...). Larger firms are cutting "non-producers" within their ranks and solo and small- to medium sized firms are more tightly focusing their advertising budget.

Below are several zero-to-low cost marketing tips that can be implemented immediately and may help to maintain or increase your practice's income status/ client retention:

1. Stay in touch with your clients. Instead of frantic calls to or from your clients when case activity occurs, schedule set, periodic update calls or notices to your clients. If there is no activity, simply have your assistant (digital, human or combination) mail/email a contact information update request to your client. Otherwise, if you know there are upcoming events that will require your client's input, don't upset your entire schedule with 2 minute phone calls here and there. Schedule several hours biweekly with a set list of clients to discuss their matters.

2. Network. Great movie; invaluable concept. LinkedIn recently announced an agreement with the traditional online lawyer directory LexisNexis Martindale Hubbell. LinkedIn is quickly becoming the largest professional networking site in the world. LinkedIn has added a powerful social networking component onto the Martindale site. As of last week, 260,000 lawyers have LinkedIn accounts. Join today.

3. Blog. Use Blogger, Wordpress; any generic application will do but get your firm's business out there. Prospective clients, as the rest of the online world now, wants information. They actively seek it and you need to provide it. Remaining faceless in a society that increasingly demands transparency and data is suicidal for any business. And write your own blog, or assign to someone competent within your firm. There are businesses that will provide fee-based "blogs" but we would firmly advise not to waste your budget on this tactic. Your blog needs to reflect your firm's personality, even if you update it once every two weeks.

4. Identify and target your market. The most attuned attorneys are focusing on niche markets and sniper-shooting their advertising efforts.

We hope these tips help your business; it helps ours!

BNI Operatves: Street smart: Web savvy.

As always, be safe,

Lina

10 Marketing Don'ts For Your Practice - Part I/II

noreply@blogger.com (BNI Central) — Sun, 06 Jul 2008 17:17:00 +0000

(We thought we'd start the Monday after this holiday weekend with several good laughs with the above video of 4 brief but hilarious commericals to kick off our two-part marketing series.)

Part I of II/ Marketing Don'ts

Anyone who has been in business for a while has probably learned a few marketing don'ts but it doesn't hurt to repeat them as we all tend to stray from our original advertising goals. This week we'll go over these basic marketing don'ts with a follow up next week of proven advertising do's.

10 Marketing Assumptions That Are Wrong For Your Practice

1. Current and prospective clients know what services I provide; (Generally, clients are aware only of the services that they are seeking. Teach them.)

2. Referral services will send me all of the clients that I need or can service; (No comment necessary to point out the fallacy of this presumption.)

3. My marketing materials don't need my photograph; (Especially in this technological age, people want to place a face to the professional they will contact.)

4. Clients will remember what I tell them, so I don't need to send any follow up correspondence; (Wrong. Regardless of the sophistication level, people hear what they want to hear.)

5. Clients will understand legal jargon; (Wrong again. Read above.)

6. Certain marketing methods are obsolete. (All advertising avenues work; it's your budget and message strength that will determine ROI.)

7. Complicated messages will make clients feel that they need my services more; (KISS - no offense intended.)

8. Graphics are unimportant in visual media placements; generic photos can be used. (Keep it real. Real pics of yourself, your staff, discreet photos of your office...)

9. People expect lawyers to not return phone calls promptly; they know attorneys are busy. (No, they don't and they don't care about any other matter other than their own.)

10. Keeping in touch with clients on a reasonable basis is a waste of time. (It'll also be a waste of money when you have to re-locate your own clients or take an extraordinary block of time to bring them up to speed after months or years of non-contact.)

Basically, it's your firm, your business and as such, you never stop selling yourself.

BNI Operatives: Street smart: Web savvy.

As always, stay safe,

Lina

Anyone Can View Your Office, Your Home, Your Home Office:Google

noreply@blogger.com (BNI Central) — Mon, 30 Jun 2008 12:15:00 +0000

Our friend, Bill Myers (www.bmyers.com) publishes a weekly newsletter (marketing techniques, product development....) that is just invaluable for any business. Along with this service, Bill sends out a weekly tip email that we've always found helpful.

This week's Myers' tip hit the nail on the head regarding the topic matter we had in mind: the scope of Goggle's down-to-the-street maps of practically any address.

A must-read for any professional who maintains a home based office as well - as the majority do. It is easy for anyone to simply look up the professional's name (for e.g. on www.argali.com) and obtain a very close up view of that person's home.

From Bill's weekly tips:

Google Maps has just updated their street view system which
allows anyone to get a ground level 360 degree photo tour of a
growing number of addresses in the US and Europe.

To get a street view, you simply enter an address in the
http://maps.google.com search box and click 'search maps'.

Then click on the street view icon, and you can see what the
address looks like from the street level. You can even use your
arrow keys to move up and down the street to get a better view.

This can be very handy if you are considering buying or renting a
home - as you can use street view to check out the neighborhood
and in some cases see the neighbors.

For example, you might not want to live in the neighborhood where
this street view photo was snapped -
http://www.bmyers.com/snip/106.htm

Street view can also be used to check out a business address to
see exactly what kind of business you are ordering from.

For example, the street view image of a much advertised New York
based camera discounter should give you pause. See the photo at
http://www.bmyers.com/snip/107.htm to know what I mean.

Google street view doesn't cover the entire world - yet. But
they cover a surprising number of cities (large and small) in
many countries throughout the world, and each day they add
hundreds of miles of more images.

It's probably a good idea to check to see if Google has a street
view of your home or business to make sure it doesn't invade your
privacy or put your business in a bad light.

To view Google street view, visit http://maps.google.com and
search for any street address. Then click the 'street view' link
if it is shown.

BNI Operatives: Street smart: Web savvy.

As Always, Stay Safe,

Lina

You're On Vacation: The Burglars Aren't. Security Tips

noreply@blogger.com (BNI Central) — Sun, 22 Jun 2008 16:00:00 +0000

The school year is coming to a close next week here in the Northeast, and the hostage situation at the pumps aside, most families have planned vacations this summer. The etymology of the word vacation itself : from the Latin root vac, is to render something/someone "empty" (vacuum, vacate, vacuous...). Somewhat ironic in the case of a home burglary during a family's away time.

In today's Bulletin we are going to give you the standard "what to do to make your home look occupied while you are away" tips and a few more up-to-date security pointers: (Also, the above video, aside from being highly entertaining, likewise contains solid security tips re: burglary prevention during your vacation.)

Traditional Tips:

• Stop mail and newspapers, and ask a trusted neighbor to pick up any deliveries that might be made while you are gone.

• Place several lamps and radio/TV in various parts of your home to automatic timers, so they turn on and off at appropriate times (vary the timers also by the unit itself so that the living room light does not come on at exactly 7 p.m. every night...).

• Arrange to have your lawn mowed (or sidewalk shoveled) while you are away.

• Don't leave keys in obvious exterior places like in the mail box or under a flower pot or door mat. Leave your house key with a trusted neighbor.

• Instruct your trusted neighbor to report unusual activity to the police - and not to wait until they can contact you first. You may be holed up in a Carlsbad cavern for several nights or an in-house therapy clinic following a runn-in' with the bulls in Pamplona.

• Have a neighbor park their car in your driveway overnight (and move it around from day to day).

• Don't leave notes indicating your absence.

• Many security experts advise unplugging the electric garage door opener while you are away. We don't. A burglar's scanner can easily detect whether the device is activated. Simply place it too on a variable timer.

• Make sure all your door and window locks are working and in use.

• Turn off or turn down your telephone ringer. A phone ringing endlessly is a clue to a would-be burglar that no one is home. This is especially important if you are living in an apartment building where burglars may be more likely to hear your phone ringing. Call forward your incoming calls in your absence.

• Unless you have reason to believe your piping system is in bad shape and may burst in inclement weather, do not turn off your main water valve before you leave. Fortunately, technological advances in utility services now offer scanning options that don't require exterior meters on houses - an inactive one a sure clue to a burglar that the home residents may be away.

Contemporary Tips:
• Do not activate automatic "away" responses from your email - business and personal - addresses. And especially ones with specific dates of your absence. You might as well inquire into ad rates in the NYT.

• Further on the preceding tip, activate a disposal WiFi card from your vacation spot. Repeatedly answering your emails from your iPhone, Wing or Blackberry, by definition, signifies that you are away from your normal communication access points. (Yesterday's sad-sack street burglars have been replaced by snipers - they target specific homes, can obtain email addresses easily.. e.g. most business emails are comprised of the person's first initial and full last name@theirlawfirm, Email read times can easily be tracked - yes, including "Internet" ones. A cleverly written subject line can pique someone's curiosity enough into opening a "pigeon" email. Today's smart burglar considers this time in tracking you a lucrative investment.)

• Have your email/snail mail forwarded to a virtual post office. They can hold, forward, scan or even read your email/mail to you. Big advantage: the forwarding is discreet and undetectable.

Generally, we tend to believe and trust in the good of the vast majority of people; being smart and proactive with your home and valuables while you are away helps to maintain that attitude.

BNI Operatives: Street Smart: Web Savvy.

As always, be safe,

Lina

MedMal Research - It wasn't the Right Leg??

noreply@blogger.com (BNI Central) — Mon, 16 Jun 2008 00:47:00 +0000

This Week; Focus On: It Wasn't the Right Leg?? MedMal Research

Recently, BNI was asked to research the existence of directed protocol for the use of catgut v. synthetic sutures in the case of a surgical stapler misfire in a colectomy operation gone seriously wrong. Of course, all of the law professionals recognize the implied question in that case description.

The reason it was stated that way is that the surgeon involved insisted that no protocol existed and that procedure in a surgical stapler misfire is at the surgeon's discretion. Well, not so, according to the Food and Drug Administration; the governing authority regarding medical instrumentation regulation. The FDA is notified by the surgical instrument manufacturer of all reported surgical stapler misfires. The surgeon in question apparently believed that the operative word in this directive is "reported". He stated he had not reported the misfire. Contact with the manufacturer indicated that, in that they train the surgeons in the use of the instruments, there is indeed a procedure established and that must be adhered to for a surgeon to be qualified to use the specific instrument. Misfires were specifically addressed and sensibly so, from a liability standpoint.

Unfortunately, that is not the most significant aspect of this case. Said surgeon then proceeded to use catgut sutures which are specifically contraindicated for the procedure performed, due to the infection development and proliferation potential with natural materials. His defense argument on that point was that choice of suture material, again, as the misfire reporting, was at the surgeon's discretion.

Perhaps for the plaintiff counsel's own knowledge, while not admissible, research for previous malpractice filings and settlements (positive) for this surgeon was also conducted. Not surprisingly, "surgeon's discretion" was cited for similar prior situations.

There is now a 45 year old man tied to a colostomy bag because of said "discretion". But at least there is now the certain knowledge that protocol does exist and, hopefully, will be fully enforced to prevent these unnecessary and horrific injuries.

In past editions, the physical aspects of investigative work has often been addressed (i.e. field investigation, site survey procedure, evidence collection...). Today's investigator must also be very skilled at uncovering electronically stored information.

BNI investigators: Street smart; net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

911 Transcripts Decoded - What Is a 10-86 or 10-100??

noreply@blogger.com (BNI Central) — Mon, 09 Jun 2008 04:01:00 +0000

Occasionally a trial lawyer will have the need to read 911 transcripts. Certain information, such as caller's identity, addresss and reason for the emergency call, may come across clearly but other embedded code correspondence may not. This week, we provide you with a list of ten codes - cop lingo for their field activity.

A brief history of ten codes: Ten-codes, properly known as ten signals, are code words used to represent common phrases in voice communication, particularly by law enforcement and in Citizen's Band (CB) radio transmissions. Ten-codes were developed in the 1940s at a time when police radio channels were limited, to reduce use of speech on the radio. Credit to the originator goes to Charles "Charlie" Hopper. He was the Communications Director at the Illinois State Police, District 10, located in Urbana, Illinois. Hopper was involved in radio for many years and saw a need to abbreviate radio transmissions on State Police bands. The codes were expanded in 1974by the Association of Public Safety Communication Officials (APCO. They have historically been widely used by law enforcement officers in North America.(www.wikipedia.com)

10-Codes:

* 10-1 poor reception
* 10-2 good reception
* 10-3 stop transmitting
* 10-4 message received, affirmative, ok
* 10-5 relay this information to ___.
* 10-6 busy
* 10-7 out of service
* 10-8 in service
* 10-9 please repeat your message
* 10-10 negative
* 10-12 standby
* 10-13 civilians present and listening
* 10-15 en route to station with suspect
* 10-18 urgent
* 10-19 return to station
* 10-20 specify location/my location is ___.
* 10-21 place a phone call to ___.
* 10-22 disregard
* 10-23 stand by on this frequency (also "On scene" in some areas)
* 10-27 vehicle registration request
* 10-28 arrests/warrants on driver's license
* 10-29 arrests/ warrants on the vehicle
* 10-32 gun
* 10-33 emergency traffic follows, hold routine messages
* 10-34 frequency open (cancels 10-33)
* 10-36 what is the correct time of day?
* 10-39 false alarm, premises was occupied
* 10-40 false alarm, no activity, premises appears secure
* 10-41 begin watch
* 10-42 end watch
* 10-45 fueling vehicle
* 10-49 en route to assignment
* 10-50 accident
* 10-51 tow truck needed
* 10-52 ambulance needed
* 10-53 road blocked at ___.
* 10-54 animals on highway
* 10-55 security check
* 10-57 hit-and-run accident
* 10-58 direct traffic
* 10-59 escort
* 10-60 squad in vicinity, lock-out
* 10-61 personnel in area
* 10-62 reply to message
* 10-63 clear to copy info?
* 10-64 message for delivery
* 10-65 net message assignment
* 10-66 net message cancellation
* 10-67 person calling for help
* 10-68 dispatch message
* 10-69 message received
* 10-70 prowler, fire alarm
* 10-71 gun involved, advise nature of fire
* 10-72 shooting, fire progress report
* 10-73 smoke report
* 10-74 negative
* 10-75 in contact with ___.
* 10-76 en route
* 10-77 ETA ___.
* 10-78 need assistance
* 10-79 bomb threat, coroner's case
* 10-80 bomb has exploded
* 10-81 breathalyzer report
* 10-82 reserve lodging
* 10-83 work school crossing at ___.
* 10-84 if meeting ___, advise ETA
* 10-85 delay due to ___.
* 10-86 officer on-duty
* 10-87 pickup
* 10-88 present phone number of ___.
* 10-89 bomb threat
* 10-90 bank alarm at ___.
* 10-91 pick up prisoner
* 10-92 improperly parked vehicle
* 10-93 blockage
* 10-94 drag racing
* 10-95 prisoner/subject in custody
* 10-96 psych patient
* 10-97 check signal ("On Scene" in CA and other areas)
* 10-98 prison/jail break
* 10-99 wanted/stolen record
* 10-100 dead body
* 10-200 alarm

Bulletin's site of the week: gizmodo.com. Best tech site online.

BNI Investigators: Street smart; Web savvy.

Stay safe,

Lina

Finding the Unfindable - Transient Subject Locates

noreply@blogger.com (BNI Central) — Sun, 01 Jun 2008 15:52:00 +0000

The task most often assigned to investigators is tracking down subjects. The proverbial papertrail: telephone records, address histories, voter registrations, professional licenses, , civil and criminal court filings, Motor Vehicle Department records, credit card records, Social Security data..., will, in a majority of circumstances, return with the subject's current and valid contact information. But what do you do if the subject is simply not in the mainstream - for whatever reason: joblessness, homeless, mental illness, "on the run".... What then?

The success of such a search depends on several factors including the information provided to the investigator and the investigator's own skills and tenacity.

We've put together a checklist for locating transient witnesses that has generally worked:

1. Interview family and friends. (Request last known contact, any indication of location...)

2. Upon developing location leads, check with local and adjoining police departments.

3. Check with area hospitals and morgues.

4. Call the local Salvation Army center.

5. Contact the YMCA, YWCA.

6. Call privately funded charity organizations in the area.

7. Reach out to local plasma centers (many transient subjects give blood for money)

8. Identify local day worker locations.

9. Recon area bus and train stations.

and finally, you can go digital:

10. YouTube a video, or Flickr a picture of the subject, if family and or friends can provide such.

Most importantly, though, when a case first enters a law firm, as much personal information. contact and emergency contact info should be obtained as possible. Our experience has borne out that someone always knows something.

Be safe,

Lina

When The Cops Get It Wrong; Investigating Your Client's Case

noreply@blogger.com (BNI Central) — Sun, 18 May 2008 20:09:00 +0000

The above video is somewhat tangential to this week's Bulletin topic but it does describe a trend that will certainly be used and useful in future vehicular accidents - the car black box. For our below article, however, we stick to old fashioned ground pounding to uncover the true facts of a real accident puzzler.

Generally, most private investigators enjoy and prefer to maintain, good relationships with law enforcement; especially considering that the majority of us come from an l.e. background. Regardless of current or past affiliations, however, a good investigator is a fact-finder first.

We recently ran into a quirky situation involving the police with a hit and run of a pedestrian in mid Manhattan. The actions of law enforcement from the date and time of the accident to this day are puzzling.

A male pedestrian was struck, while crossing the roadway, traveling with the light and within the crosswalk, by first a bus and then a Jeep. A large crowd gathered. The pedestrian suffered severely crushed legs - injuries consistent with being struck by two vehicles back to back. The bus took off (hence the hit and run designation) but the Jeep and its driver remained on scene - for a while. The Jeep driver was questioned by police and told to leave the scene as there was no eyewitness to the Jeep having struck the pedestrian. And no note of the plate number was made by police on the scene.

The first place to start is the precinct of jurisdiction. Pick up the Police Accident Report (the PAR). A PAR is sequentially numbered so its number should fall into place around the date of accident. The PAR should contain def. vehicle, driver and witness information. This PAR contained none of those and the matter was simply designated a "Hit and Run".

Our investigators felt there had to be more to the story than a simple leaving the scene. This is a residential area of Manhattan, with all of those people moving about their daily lives, someone had to have seen something.

We decided to make a flyer of the victim's case (the victim and attorney's permission of course). We Photoshopped the victim's photo into a flyer we distributed liberally throughout the neighborhood. Literally, within 18 hours, we had a video of the victim being struck by a bus and email giving us the Jeep's plate number. The victim's attorneys are now processing the claim with this information.

I guess it all comes down to something I have said to each BNI investigator, regardless of experience - know the rules but always trust your gut instinct. It will lead you to where you need to go. The function of a good investigator is to find the facts that will help with victim, even if the odds are stacked against recovering this information.

BNI Investigators: Street Smart: Web Savvy.

Be safe,

Lina

Is Your Client Meeting Secretly Being Taped?

noreply@blogger.com (BNI Central) — Mon, 12 May 2008 04:10:00 +0000

Particularly disturbing to a law firm these days is the potential that client meetings, conferences... can be secretly monitored via the attorney's own cell phone. Remotely accessing the phone's "firmware" (hard drive), a would-be audio (and with smart phones, video) thief simply needs to scan for your phone's frequency signature and bounce back an electronic tracer signal. In less than a nanosecond, the attorney/client confidentiality is breached.

The tech and investigation experts in the above video show and tell you how to detect a tapped cellphone... give it a view. (And remember, your cell can be remote tapped - no need to have physical possession of the phone.)

Spoiler: the three main clues that your cellphone is tapped are:

1. It feels unusually warm.
2. The battery drains more quickly.
3. You get static feedback from speakers on other electronic equipment within range of your cell.

Be safe,

Lina

Ripped Off Online? 10 Steps That'll Get You Results

noreply@blogger.com (BNI Central) — Sun, 04 May 2008 20:12:00 +0000

Let me preface this week's Bulletin by saying that most online businesses are honest and strive hard to provide the goods and or services that the electronic buying public requests and pays for. This self-regulation occurs for two reasons: a) most people/businesses are honest to begin with and b)word of mouth online occurs at lightning speed. Unfortunately, there is always someone out there with a scam and sooner or later, most people purchasing online will run into one of these shady businesses.

Our experience in investigating online fraud has led us to prepare the below checklist of 10 step to take if you are a victim of an online scam:

1. Gather as much information (name, address, phone numbers, domain names..) about the dishonest party as you can.

2. Put your complaint in writing. Be accurate and concise. Also, think of possible excuses the offending business may try to counter with and be prepared to argue these truth revisionisms.

3. Put the dishonest party on notice that you intend to take action against them if they do not resolve the problem fairly and to your satisfaction. It may take several rounds of talks before they come around to understanding that it might be better to simply solve the issue with you and avoid more intense scrutiny. If that fails, we go to the next very nasty steps.

4. File an online compliant with the Internet Crime Complaint Center (IC3): www.ic3.gov. and click on the "File a Complaint" link to fill out an online form. IC3 was formed, in partnership with the FBI, specifically to combat internet fraud.

5. File a complaint with the Internet Fraud Watch on their website www.fraud.org. The Internet Fraud Watch was created by the National Consumers League, the oldest nonprofit consumer organization in the United States.

6. File you next complaint with the Better Business Bureau OnLine website: www.bbbonline.org . BBBOnLine specifically deals with web commerce complaints. The BBB contacts the business involved in the dispute to determine if the dispute can be amicably resolved. A huge file of complaints with the BBB will cut into the business' profits.

7. Google the Attorney General's Office of the state in which the dishonest party operates. File a complaint. Criminal charges may be brought against the business if fraud is involved.

8. On the Allwhois website: www.allwhois.com and look up the dishonest party's domain name and web host. Inform the web host of your issue with the dishonest business and advise them that if they continue to provide hosting services to this party, they themselves can be named as an accomplice to criminal activity.

9. If the shady company has their own servers and do not use a web hosting service, contact the Internet Corporation For Assigned Names and Numbers (ICANN) website: www.icann.org. ICANN is the organization that has responsibility for Internet address space allocation. Inquire as to how to remove the dishonest business from the web.

10. If the dishonest party is still operating, contact their advertisers. Advertisers are not given to spending their marketing budget to receive complaints from disgruntled, ripped-off customers. If the advertiser takes an aggressive posture against your complaint, advise them also that if they continue to do business with the scamming party, they too can be charged as accomplices in a criminal action.

(This week's sixty-second text video lists additional potentially helpful government fraud watch agencies.)

The above steps are tough measures, but they should get your internet fraud situation resolved and hopefully, it'll be a one-time occurrence.

BNI Investigators: Street smart: Web savvy.

Be safe,

Lina

Secure Internet Access On The Road

noreply@blogger.com (BNI Central) — Mon, 21 Apr 2008 14:28:00 +0000

We're a mobile society. We travel, for business or pleasure (usually a combination) and we take our communication and information needs with us.

The biggest concern then becomes, "How do I take the security bubble created around my equipment at my home or office on the road with me?" Until fairly recently, if you were away from your own secure network, you were at the mercy of whatever open (unencrypted) wireless network you could tap into, leaving a huge window for information loss or even worse, data capture by intruders.

We're not going to go tech-heavy. This week we'll offer our suggestion re: a wireless travel router and the SecureEasySetUp-enabled wireless device, working in conjunction, to bring you peace of mind via a secure, encrypted connection, on the road.

From Linksys:
The Wireless-G Travel Router with SuperBooster.

Use the Router in conjunction with Linksys's SecureEasySetup-enabler.

The router and security device are simple plug-ins. There is literally nothing else to do. (The above video gives a quick run down on router series - B, G and N. For on-the-road purposes, we are recommending the G series; the video tech can explain why much more succintly than I can!)

It doesn't get any easier than this - (although we predict these router and secure access device features will be built-in components as our mobile equipment continues to evolve at an incredible rate). But for now and the foreseeable future (which in tech terms, is, at max, 12 months), try these inexpensive Linksys products for keeping your info with you, and safe, when you travel.

NEWS: We are presenting a new segment in each week's Bulletin, Beacon's Best Site of the Week. The site may be innovative, clever, helpful or just quirky enough to capture our attention and hopefully, yours.

This week's Beacon's Best SOTW: www.woot.com. They offer only one product for sale each day. At midnight, the product changes. It could be an HP laptop at an insane price like $499 (I landed on it that day. My new HP l-top runs wonderfully.) or it could be a top of the line Bluetooth for $9.99. Warning: www.wooot.com may become addictive.

BNI Operatives: Street smart: Net savvy.

As Always, Stay Safe,

Lina

Are You Helping Identity Thieves?

noreply@blogger.com (BNI Central) — Mon, 14 Apr 2008 15:38:00 +0000

The Federal Trade Commission (FTC) has set a compliance date later in the year for an additional rule (the Red Flag Rule) to its already existing FACT Act (FACTA), that will broadly affect all business that maintain personal information on individuals – from banking institutions to nanny hiring services. So what does this mean to you, the lawyer or the firm?

Well, that’s the exact focus of this article. We will dissect how the FACTA Red Flag Rule can potentially affect your business by giving you clear cut definitions of the Act, the new rule, what it means to your business and how to achieve and maintain compliance so that you may ensure the growth of your business by protecting it’s most valuable asset – that of its client and employee information.

Q.1: What is the FACTA?
FACTA stands for Fair and Accurate Credit Transaction Act. FACTA is the 2003 law designed to reduce risks of consumer fraud and identity theft opportunities that may be created by improper storage and disposal of client information. This includes any storage method that contains personal information, whether it’s on paper, CDs, DVDs, discs, or hard drives. Client information can be any combination of personal data such as names, dates of birth, addresses, driver licenses and Social Security numbers.

Initially meant to protect consumers, FACTA was extended to provide protection for employees. On June 1, 2005, a new portion of the FACTA law went into effect. It states that you, the employer (even if you have only one employee, and it is your mother-in-law’s cousin by marriage, and you only have his or her personal information so that you can pay social security taxes,) can be fined by federal and state government, and even sued in civil court if any of this information is somehow released and used in an identity theft scam.

So, we’ve arrived at you, the employer, are now legally responsible for maintaining the confidentiality of any and all client and employee information that can be used in any identify theft/fraud situation.

Q. 2 What is the FACTA Red Flag Rule?
The Federal Trade Commission’s (FTC) review of the FACTA law led to the FTC’s decision to specify the type of suspicious activity that business owners should be aware of, that should send up a “red flag”, alerting them to identity theft attempts by potential clients or employees. This led to the FACTA Red Flag rule that went into effect on January 1, 2008.

Basically, the final Red Flag rules and guidelines implemented call out 5 categories of Red Flags which illustrate the types of activities that need to be identified:

- alerts, notifications or warnings from a Consumer Reporting Agency (such as Equifax, Experian or TransUnion)

- suspicious documents (e.g. photocopies of driver’s licenses instead of the originals)

- suspicious personal identifying information (misspelled names, differing birth dates, p.o. boxes… )

- unusual use of, or suspicious activity related to, the covered account (heavy usage or repeated process denial)

- notice from other clients, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the financial institution or creditor. (This is the ultimate red flag. If you are contacted by anyone claiming to be a victim of identity theft, immediately contact your local law enforcement department and turn the matter over to them.)

Q. 3 Okay, I understand the new FACTA Red Flag rules. What does that mean to mean to my firm?
The new FACTA Red Flag Rules mean you need to make sure your client and employee personal identifying information is a) accurate (to the best of your knowledge) and we will broaden that definition in Q. 4 below) and b) secure (answered in Q.5).

Q. 4 How do I ensure that my client and employee information is as accurate as needed for me to be in compliance with FACTA’s Red Flag rules?
(This needs to be prefaced with the advisory that we are not lawyers, nor do we play any on T.V. If you have legal questions regarding this subject matter, please contact a knowledgeable attorney in your area.)

But in an effort to be helpful, we offer some common sense tips. To do so, we’re going to break this answer into two parts – ensuring your employee is who they say they are and then ensuring they understand and enforce the compliance procedure.

Employee Verification:
You need to designate trusted employees to obtain and maintain your clients’ personal information. Run a background check on all employees and make sure they have proper identification (such as a government issued photo i.d.) and check references. Always check references. Don’t just call phone numbers that are provided to you on the application form. Check that those businesses actually exist – are they listed in a directory?

New Client Registration:
Second, have a policy sheet (it can be a one pager) available to your staff regarding the types of identifications that are required and accepted for new clients. If there is any doubt about the i.d. being presented, err in favor of compliance and diplomatically advise the client that your business can only accept i.d. that complies with government regulations as this is, in essence, a financial transaction.

Q. 5 My employee passed her background check with flying colors and all of my clients have verified identification. How do I secure all of this information?
Okay, now that your trusted employee is collecting personal information from your clients, have them follow strict procedures for obtaining and securing the information. Several suggestions:

To secure employee information:
- Assign access to personal employee data to specific management members.

- Issue unique user names and passwords to these managers.

- Scan all paper documents and store the paper documents in break-in proof containers/file cabinets or offsite.

- Maintain a secure and separate office area (or at least a large and heavy safe) in the case of a break-in.

To secure client information:
1. Have a separate interview area where a potential client can fill out formsor answer questions in private.

2. When your designated staff member is inputting this data into your business’ database, have the monitors positioned so that they are not viewable by anyone aside from your employee. (Preferably, this should be done in a separate Employees Only area.)

3. Deposit all checks and credit/debit/check card receipts into a safe several times a day if necessary.

4. Limit access to the safe.

5. Apply the same access limits as you do for employee information.

6. Be aware of the length of time you must maintain old employee or client files securely. Beyond that point, shred old information files; delete old pc files. The employee or client may be gone from your establishment but they are probably still around somewhere. You don’t need to inadvertently let others have their information even if it is no longer of any use to your business.

Q. 6 When do the FACTA Red Flag Rules go into effect? And when is the compliance date?
FACTA Red Flag rules went into effect January 1, 2008 and compliance must be met by November 1, 2008.

On a final note, establishing written personal information storage policies for employee and client data is the first step in secure data management. Should a personal information breach then occur, it would be recognized that considerable aforethought was given to data security. Then follow through with tightening the physical security of your client and employee information. Identity theft has by far replaced any outright robbery crimes in this nation. Be careful, be alert, be aware. It is, literally, your business.

Resources:

http://www.ftc.gov/os/comments/redflags/523455-00017.pdf

http://www.ftc.gov/os/statutes/fcrajump.shtm

www.spiritedlaw.com

BNI Investigators: Street smart: Net savvy.

Be safe,

Lina

Taped Recordings (Video) Part II/II: Dos & Don'ts

noreply@blogger.com (BNI Central) — Mon, 07 Apr 2008 16:47:00 +0000

(For a variety of reasons, video recording becomes necessary at times. This week's video displays a new "stealth cam" that is often used in businesses or as a nanny cam. We do, however, caution people to become familiar with the laws in their state regarding such video taping.)

Last week, in Part 1 of our series on tape-recording rules and regs., we specifically covered audio taped conversations. This week, in the second and final part of Tape-Recordings, Dos and Don'ts, we focus on video taped recordings.

Generally, one may record, film, broadcast or amplify any conversation with all of the parties' consent. It is always legal to tape or film a face-to-face interview when your camera is in plain view. The consent of all parties is presumed in these instances.

The use of hidden cameras is covered only by the wiretap and eavesdropping laws if the camera also records an audio track.

The exceptions:

Expectation of privacy.
A number of states have adopted laws specifically banning the use of video and still cameras where the subject has an expectation of privacy. Maryland's law on this matter, for example, bans the use of hidden cameras in bathrooms and dressing rooms.

Criminal purposes.
Federal law explicitly does not protect the taping if it is done for a criminal or tortious purpose. Many states have similar exceptions. Case: Employees of a "psychic hotline" who were secretly recorded by an undercover "Primetime" reporter sued ABC for violation of the federal wiretapping statute, arguing that the taping was done for the illegal purposes of invading the employees privacy. (Sussman v. American Broadcasting Co.)

Trespass.
A party whose conversation is recorded, with consent, may raise a claim of trespass and intrusion, if he or she was unaware of the true intent of the recording. For example, an undercover reporter, posing as a patient, leaves a reocrder in plain sight, during a medical visit. The doctor examining the "patient' is aware of the recording but is told it is for personal use (to better enable explanation of the "illness or medical findings" to family...). Had the doctor known the true intent of the reporter, to broadcast this recording, it may have casued him to revoke his consent.

Other consent issues.
Whether a recording device is in plain view may be an issue. A small camera protruding from a briefcase may not be enough to validate presumed consent by the party being taped.

It is always advisable for the investigative specialist to ensure his/her awareness of taping permissions in the state of operation.

BNI Investigators: Street Smart; Web Savvy.

Stay safe,

Lina

Wiretapping: Part I

noreply@blogger.com (BNI Central) — Mon, 31 Mar 2008 18:22:00 +0000

Many of you may wince when you hear the above audio tape by Alec Baldwin. As you can imagine, this taped rant had a huge impact on the ongoing child custody battle with Baldwin's former wife. Kim Bassinger.

Influenced perhaps by entertainment gossip powerhouse TMZ’s seemingly endless source of private phone call recordings, emotional conversations (such as Alec's) we perhaps should have held back from and simply one James Bond movie too many, at some point, we have probably all wondered if our conversations via phone were being taped.

There are federal and state (all 50 and DC) statutes governing the use of electronic recording equipment. The unlawful use of recording equipment may not only give authority for civil proceedings against the perpetrator of illegal taping, but may also give rise to criminal charges.

Today’s Bulletin gets right into the meat of how and where the taping of private telephone conversations is allowed.

(It is important however, to first understand the difference between one party consent and two party or all party consent. One party consent requires that one party to the conversation have knowledge and give consent to the recording. Two party or all party consent means that every party to the conversation has knowledge and has given consent to the recording.)

States Allowing One Party Consent Recordings:

Alaska , Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming

States Requiring All Party Consent Recordings:
California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, Washington

As with every rule, there is always an exception; in this case, two. In California, generally an all party consent state, one party alone can record if criminal activity (e.g. extortion) is anticipated or involved. In Arizona, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved.

In Part II of this series, next week, we will cover business phone conversation, meetings and cell/wireless taps.

BNI Operatives: Street smart: Web savvy.

Be safe, be smart, be aware,

Lina

Bulletin Goes Technorati

noreply@blogger.com (BNI Central) — Wed, 26 Mar 2008 00:49:00 +0000

Technorati Profile

Free Services, For Real

noreply@blogger.com (BNI Central) — Mon, 24 Mar 2008 12:22:00 +0000

Below are our real - and free - recommendations:

Free translation site: http://www.freetranslation.com/. No downloading; no waiting. Conversely: written text only. (A premium "human translation" service is offered as well - but for a quick memo or if you're in a rush to get a handle on an uncomplicated foreign-language doc - this site is worth the fingertaps.

Free telephone, address and reverse searches: http://www.argali.com/. You'll need to download the program but that's a good thing. It means it updates every time you sign on to it. And no complicated sign-ins or passwords... You simply d/l the program, a yellow ram (mountain goat?) icon lands on your desktop and you just click that when you are in search mode.

Free homeowners search: http://www.propertysharks.com/ These guys have a fairly extensive and updated archive. Lots of info aside from homeowner identification (date of sale, amount, pictures, land use...)

Free sound-editing: http://audacity.sourceforge.net// Removes background noise from an audio recording quickly and easily - it's that simple. And it's cross-platform - Mac/Windows supported.

Free BNI tip:Old Style: To obtain a forwarding address for a reluctant subject, simply write "Return Address Requested" on the lower left front of your envelope to the last known address for this person. The USPO will not forward your correspondence but rather return you new address information if available.New: To determine the identity of a domain owner, go to http://www.whois.com/. Scroll down to WhoIs LookUp and enter the domain name. If it is not privately registered, the owner's name, address and ownership/availability dates will pop.

Free all in one scanner, copier and fax, from your camera phone: http://www.scanr.com/.
BNI Investigators: Street smart: Web savvy.

Stay safe, Lina

CyberLaw Issued a Copyright?

noreply@blogger.com (BNI Central) — Mon, 17 Mar 2008 13:04:00 +0000

This week's guest columnist is Anthony M. Verna, Esq. from the Law Firm of Anthony Verna.

Posted By Anthony Verna to Trademark, Copyright, and Entertainment Law Forum.

The College Board is suing a company called Karen Dillard's College Prep that has its own review courses for the SAT and PSAT, claiming that some of the questions in the review course are active questions on the SAT and PSAT. Those claims would mean that KDCP is infringing the College Board's copyright on those questions.

This reminded me of PMBR (now partnered with Kaplan), one of the companies that has a review course for the bar exam. PMBR's specialty is aiding in getting a better score on the Multistate Bar Exam, the multiple choice test that is a part of most states' bar exams. PMBR finally lost a case in 2006 in which copyright infringement was alleged by the National Conference of Bar Examiners, who writes the Multistate Bar Exam. PMBR was fined almost $12 million. Wow.

The standardized-review-test industry is in a difficult position. If a company exists, it has to have a mix of its own questions (which may or may not be good enough) and questions that have been used on exams (they're good enough because they were on exams). If I remember correctly - and I can find no outside source to confirm this - one of the founders of PMBR claimed to have a photographic memory (do any lawyers who took this course remember those claims) and that PMBR had been sued before for copyright infringement (but no success were in those suits). It's a tough balance, having to rely upon a template in an industry that comes from another.

****

An attorney is trying to register a trademark. That's not unusual. His mark? "Cyberlaw." Seriously.

I find this to be rather egregious. After all, I took a class in law school called Cyberlaw that was a mix of law and technology. It's easy to find a Wikipedia page on the topic. Even though the word was registered as a trademark in 1995, it expired in 2000 and today it must be considered a generic term that's not right for a trademark registration in legal services.

****

I look forward to reading more about the case a man filed in Maryland, claiming that the Baltimore Ravens used the logo he created. The Ravens have claimed that they never saw the logo and then changed their logo when they were made aware of the possibly infringing logo.

--

Freebie Marketing Tip For Your Firm

noreply@blogger.com (BNI Central) — Mon, 10 Mar 2008 18:10:00 +0000

Luckily, our marketing strategy doesn’t need to be used in the above video but sometimes it’s the simple things that elude us in coming up with an effective yet cost-efficient marketing plan for our business. If you practice personal injury law, we recommend the following visibility heightener to increase word-of-mouth regarding your firm.

Instead of standard business cards, distribute postcards to potential clients (with the suggestion to give them out liberally to friends and family as well) and arrange to have them prominently displayed in participating doctors’ offices, physical therapy and rehab centers.

Not just your typical postcard. This post card should have the firm’s information (of course) but also a To do List in case of an accident. We’ve prepared copy for you:

If you are involved in an accident:

Call 911.
Take pictures immediately.
Do not admit liability.

Fill out the below at the scene of your accident:

Date of Accident: __________________________________
Location of Accident:________________________________
Other Driver’s Name: _______________________________
His/Her Phone Number: _____________________________
His/HerAddress: __________________________________
His/Her License Plate #: __________________ State:______
Insurance Company: ________________________________
Policy Number: ____________________________________
Police Expiration Date: _______________________________
Witnesses: _Name_________________Phone Number____
_______________________________________________
_______________________________________________
_______________________________________________
Precinct: _____________ Accident Report No.____________

BNI Operatives: Street Smart; Web Savvy.

Be safe,

Lina Maini

Hi. Rob My House In Three Easy Steps

noreply@blogger.com (BNI Central) — Mon, 03 Mar 2008 13:09:00 +0000

1. Plan a vacation or event that requires you to be away from your practice and/or home

2. Be courteous to your clients, friends and family (and ANYONE ELSE who might send you an email and/or ping you via IM) by enabling your "Out of Office" and/or "Away Message".

3. Create a specifically worded auto-reply: "Hi - I am out of town for several days/weeks. If your message is urgent please contact my assistant, ________ @........"

Every day, professionals, in a courteous effort, inadvertently advertise their mobility (read: away-ness), giving advance notice to friends, family, clients and criminals that they will not be protecting their fortresses. Usually by giving an exact address in the signature line of their email.

We suggest a less overly informative away message:

"Due to work responsibilities, my email is being filtered until March 23rd Please forward any email to Jane Smiley@myfirm.com" or "Due to work responsibilities, my email is being forwarded until March 23. Your email is being forwarded to my assistant, Jane Smiley and you will be contacted shortly."

It's a hard bit of reality to accept, but the very technologies we employ to make our personal and professional lives more efficient and convenient, also enable lapses in security we might not immediately realize.

BNI Operatives - Street Smart, Web Savvy.

Stay Safe,

Jonathan Caspian

Why Proper Slip/Trip & Fall Intake Surveys can Make or Break You...

noreply@blogger.com (BNI Central) — Mon, 25 Feb 2008 13:55:00 +0000

The above video gives us pause to reconsider a previous Beacon Bulletin and proper interviewing/surveying in order to waste less time with time wasters...

BNI Operatives - Street Smart, Web Savvy.

Stay Safe,

Jonathan Caspian
-----------------------------

This week, we focus on the primary information required in the event of a slip/trip and fall situation involving your client.

1. CLIENT PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info and emergency contacts)

2. WEATHER CONDITIONS (including for interior falls in that proper matting may not be present at the location of occurrence)

3. LIGHTING CONDITIONS

4. SURFACE DESCRIPTION (sidewalk, hallway, stairs...)

5. DEBRIS/DISREPAIR/CONSTRUCTION PRESENT

6. DESCRIPTION OF SURFACE (concrete, torn matting, tile...)

7. PRESENCE OF ANY WARNING SIGNS (e.g. wet floor cones), TAPE, HANDRAILS

8. DIRECTION OF TRAVEL OF PARTICIPANTS (northbound, descending steps...)

9. DESCRIPTION OF ACCIDENT (detailed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE CLIENT GOING?

12. RATE OF WALK (normal gait, walking briskly... )

13. TYPE OF SHOES WORN

14. CONDITION OF SHOES (new, good, worn.. )

15. DOES THE CLIENT STILL HAVE THE SHOES?

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. STATEMENT(S) MADE AT SCENE

20. ADDITIONAL WITNESSES

21. DOES THE CLIENT KNOW OF ANY OTHER SIMILAR PRIOR INCIDENTS AT SAID LOCATION?

22. HAD THE CLIENT COMPLAINED TO MANAGEMENT OF EXISTING RELATED CONDITIONS?

23. DOES THE CLIENT KNOW OF ANYONE ELSE WHO MAY HAVE MADE SIMILAR PRIOR COMPLAINTS TO MANAGEMENT?

24. COPY OF CLIENT'S LEASE.

25. MANAGEMENT INFORMATION, IF KNOWN.

26. MUNICIPALITY INVOLVED?

With regard to the last checklist item, your investigator can then run an online real property check. City owned property information is immediately accessible. In many cases, private property information is also available online and may also yield homeowners insurance information.

BNI investigators: Street smart; Net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.