Expert arbitration guidance....
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FOR TODAY'S PRACTITIONERS AND ARBITRATORS

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

By its very nature, dispute resolution is always contentious; the `disputes' in question being quite frequently intractable.  Evidence is therefore always of concern, especially, as is usual, where there is a virtually insoluble dispute over the basic facts- in which case, evidence becomes the key factor which will enable those sitting in judgment on a tribunal to come to a decision.

`In international arbitration,' says the author, Nathan O'Malley, an experienced practitioner, `it is no different.'

Intended to provide necessary and helpful guidance on international arbitration to arbitrators, as well as clients and their representatives, this book, published recently by Informa, presents `a proper discussion of evidence in international arbitration,' which, as His Honour Humphrey Lloyd, QC observes in the Foreword, `is long overdue.'

It's also pointed out here that O'Malley has structured the book around the 2010 edition of the International Bar Association's Rules on the Taking of Evidence in International Arbitration, the IBA rules, being described as `a synthesis of good practice.'

But as the author also mentions, the IBA Rules do not cover all aspects of evidentiary procedure', which nevertheless still means that tribunals have problems confronting it.  This book therefore started out as a research project aimed at identifying `common solutions to common problems regarding evidence,' and culminated in a commentary on the IBA Rules, with further examination of related rules and issues.

The primary source material for this book is, collectively, the published and unpublished case law of international tribunals, the views of which are represented and commented upon.

Additionally, the Rules discussed are also sourced from the UNCITRAL Arbitration Rule (2010) and to some extent the UNCITRAL Model Law (2006).  The book therefore is a rich, scholarly, informed and thoughtful source of guidance for anyone practising in this almost invariably complex area of law.

And not for nothing is this clear and very readable volume referred to as an `annotated guide', which it certainly is.  Extensive and minutely detailed footnoting abounds as a rich resource in itself, plus - there's a detailed index and Table of Cases and Arbitrations, together with a Table of Legislation, Conventions and Rules. Usefully, especially in any international field of law, there is a glossary of abbreviations and acronyms.

If you're in any way involved with international arbitration, whether you are an arbitrator, lawyer, or possibly a client, you'd do well to acquire this book.  The publication date is 2012.
2841850
David Hoffman was a friend and classmate of mine at the University of Pennsylvania Law School, and I have, in recent years, been his client in connection with some trademark matters.  So, let me begin with an assessment of the author before I get to the book.  David is whip-smart -- a real professional with marvelous insights into intellectual property law.  I not only have worked with him on my own trademark matters, but have read some of his briefs in connection with his practice before the TTAB and before the US Court of Appeals for the Ninth Circuit, and as a former litigator myself I can attest that his skills as an IP litigator are top-notch.

This book is a nice treat, and a great way for the layman, particularly, to learn about the core principles of trademark law.  The theme of the examples, all drawn from real-life trademark cases, is wine: a market in which brand identity and the protection against conflicting and confusing marks is of critical importance because of the many people and many names in that market.  By teaching these core trademark principles through example rather than by a more conventional treatise-style approach, but without dumbing-down the content, it breathes life into the subject and makes it much easier for the individual who may be thinking about registering a mark, or thinking about how to protect that mark, to relate the law to the kinds of circumstances he may run up against.

And this kind of treatment -- well, not only is it more fun to read, but it's what the law really is about.  While anybody can teach you that the law is about rules, and disputed facts, and the application of those rules to those facts, it's easy for the teaching of law by explication of mere doctrine to result in a kind of understanding of law which is superficial, and liable to run up against difficult facts.  All cases, whether in trademark or in any other field, are about the facts, the parties, their conduct, their motives -- these details inform the law, rather than the law being a mere inflexible set of rules to be applied to these details.  The result is that these stories, taught and focused by a skilled practitioner of the IP arts, convey a kind of rich understanding of the topic that a short treatise would not, with the side benefit of being downright entertaining to read.
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Well organized and excellent advice. Also addresses legal issues.
4328030
Mr. Goodman's book is the finest quick primer for a new arbitrator I have ever read.  For virtually anyone familiar with any type of legal procedure or mediation, the book lays out the differences specific to Arbitration.  Mr. Goodman has arranged the book, so that he presents the answers to the 100 most commonly asked questions about Arbitration.

The layout that he uses is in order of the Arbitration process, and thus, the questions and answers are in "as needed" sequence.  This makes the book a very useful quick reference tool on all the major topics of the process of Arbitration.

The book is very highly recommended to attorneys, mediators and other legal professionals as a very compact and explicit guide and quick reference book about the procedures of Arbitration.
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I found Brette McWhorter Sember's "Divorce Organizer Planner" to be a valuable resource. Her advice about divorce is solid and practical and her advice on child custody to be fair-handed and child-centered. Her calm voice for an emotionally charged process is as valuable for men as for women. Since many more men end up with the children and alimony these days, men should not place too much emphasis on the fact that initially Brette is addressing women. Advising you to listen and record your child's reactions to contact and visitation are critical to understanding and monitoring your child's emotions. Good information for both parents. This book will definitely move you along and keep you in the right frame of mind. Charlotte Hardwick, author of&nbsp;<a data-hook="product-link-linked" class="a-link-normal" href="/Win-Your-Child-Custody-War-Child-Custody-Help-Source-Book-A-How-To-System-for-People-Serious-About-the-Welfare-of-Their-Child-12th-Edition/dp/1587471043/ref=cm_cr_arp_d_rvw_txt?ie=UTF8">Win Your Child Custody War: Child Custody Help Source Book--A How-To System for People Serious About the Welfare of Their Child (12th Edition)</a>
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This book is a must read for pre-retirees, retirement planners and advisers. It provides detailed guidance about the latest regulations requiring investment firms to disclose fees and charges. They make a bundle and you suffer!
1161985
I first purchased and read Judge Goodman's Basic Skills For the New Arbitrator in 1994 when I began arbitrating.  Having just finished reading the most recent edition, I am struck by the continuing usefulness of the detailed and practical advice contained in this book.  While I have participated in arbitrator trainings over the years, they usually do not cover the nitty gritty "how to" issues this work addresses.  These issues are easy to find as the Table of Contents is organized into sections devoted to each stage of an arbitration with an enumeration, under each heading, of all the questions addressed.  Judge Goodman's style is clear and concise which makes the book a quick and easy read.  It seems directed primarily at non-lawyers, but many lawyers, such as myself, will find in it their money's worth of advice.  Personally, as much of my practice is devoted to mediation, I find reviewing the book helpful when I need to switch hats and assume a judicial (as opposed to a mediator's) demeanor.  His advice in this regard, touching on body language, facial expression, and utterances, is invaluable in cultivating the proper persona of the neutral arbitrator.  I highly recommend this thoughful, easy-to-read book to anyone who is starting to engage in arbitration and for those for whom it is not a weekly endeavor.
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Medico-legal  issues  are  an  integral  part  of  the  practice  of  medicine. There  is  hardly  a  comprehensive  course  on  training  medical  expert  witnesses.  We  learn  by  trial  and  error -  not  a  wise  idea  in the  adversorial  legal  system.  Stanley  came  along  and  offer  us  some  guidelines.  He  puts  our  position  in  a  proper  context.  He  reminds  us  that  expert  witnesses  represent  the  science  of  their  respective  professions.  Expert  witnesses  are  not  advocates.  He  stresses  that  advocacy  is  for  lawyers  and  not  for  expert witnesses.
  There  are  numerous tips  and advice  that  he  offers  in  this  book.  I  will  encourage  every  expert  witness  to  buy  a  copy  of  this  book.  It  will  save  you  from  many  potentially embarrassing  moments.
2120357
The author is a personal friend. I thoroughly enjoyed reading "Cases and Courtrooms Remembered." Larry Funderburk is an outstanding lawyer. He has written a concise, succinct publication which gives you a glimpse of what goes on behind the scenes. Trying an abundance of cases over the course of years has given him keen insight on what is relevant from a juror's perspective. He has evidenced the capacity to effectively cut to the chase and mastered the art of persuasion. Kudos to my good friend Larry Funderburk. From my perspective, he is a mentor extraordinaire and a consummate professional.
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This is a very detailed tutorial on what one must do and expect from the court system. No details seem to be left out. It is very helpful if one is determined to fight, but it is alos very important in understanding that defending navigating the courts consumes so much time and energy, that it may cool one off before spending to much time for something he/she doesn't want to do. Excellent book!
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ATTENTION TAX LAWYERS AND ACCOUNTANTS: TILEY & COLLISONS UK TAX GUIDE IS NOW AVAILABLE FROM TOLLEY IN THE LATEST EDITION FOR 2012-13

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Practitioners and indeed anyone involved professionally in providing tax advice will welcome this hot-off-the-press Tolleys Tiley & Collisons UK Tax Guide 2014-15, newly minted by LexisNexis.  Offering a range of features presented in one hefty, yet handy volume, it is therefore exceptionally useful, as well as exceptionally good value for money.

The outstanding feature of the Guide is that it functions as a self-contained textbook -- very handy this -- especially for students.  Even handier are the numerous cross-references, wherever necessary or appropriate, to the information contained in LexisNexis looseleaf publications.

In this brand new edition, the reader will find discussions of all legislation enacted and all cases reported up to the end of August 2014, including, notably, the recent changes within the Finance Act 2014.  Commentary is also included on the Employee Shareholder Share Scheme, as well as employee-ownership trusts. Social Enterprise Investments, NISAs, DOTAs, follow-up requests and ADR -- Alternative Dispute Resolution.

Within this Guides more than three-thousand pages, all the principal taxes are examined and explained  and here, the clarity of approach to this otherwise complicated subject is to be commended.  The book covers, for example: income tax, capital gains tax, corporation tax, inheritance tax, NI contributions, stamp taxes and VAT. International issues such as foreign income and offshore funds are also discussed.

Note that the two editors, both acknowledged experts in this field, have skillfully included the work of ten additional expert contributors, placing a wealth of insights and knowledge at the readers disposal.

The major concerns this year regarding tax are, you could say, briskly summarized in the Preface. Tax avoidance predictably, has emerged as a prominent issue, but it seems that the HMRC itself has come in for particularly pointed criticism.

The editorial observation is that practitioners complain that intransigence now appears to be the watchword at HMRC, in the apparent hope that the tax-payer will eventually be brow-beaten into submission.

Concern has also been expressed that certain changes to the Finance Act, this year and last, effectively penalize taxpayers who wish to exercise their legal rights to challenge HMRC in the tribunals and/or the Courts.  Most practitioners will heartily agree, although it is fair to say that such opinions, especially when challenged or denied, should generate lively debate to say the least.

With its range of time-saving features, informed commentary and research resources -- including some two-hundred pages of cases and statues and a fifty-five page index -- this guides comprehensiveness, clarity and ease of use make it an essential purchase for the conscientious practitioner.

British Tax Review has called it the leading UK tax handbook, a view with which few would disagree.

The publication date is cited as at September 2014.
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Too often, parents expect common sense and justice to prevail in a family law courtroom.  By the time they learn their lesson, it's too late, and there's no "do over".

This book does an excellent job outlining a few critical areas for parents facing child custody litigation:

1.  Not all evidence is relevant or important.  It's important to learn what matters.

2.  Attorneys are frequently overburdened and won't build your case for you, unless you have a ton of money.  It's important for you to lead the process on building your case, with the assistance of your attorney (not the other way around).  Then, the attorney can effectively argue your case in court.

3.  Judges don't make decisions based upon kharma, common sense conclusions, or on a parent's assurance that she/he is better.  Judges make decisions on evidence-based arguments.

If you don't master those three areas, your chances of prevailing are drastically reduced.

For the area of child custody conflict that deals with building your case-- this book does an excellent job.

It's not the "be all, end all" guide for child custody, but it serves a critical area; just as its title implies.
3141173
As a practicing divorce lawyer, I have had several opportunities to reference this book.  It is clean, concise, and authoritative.  I highly recommend this book to anyone looking to learn the "tricks of the trade."  Whether it be hidden assets, hidden income, or tips for reading tax returns, this is well worth devoting time to reading.  It is part of my permanent reference law library.&nbsp;<a data-hook="product-link-linked" class="a-link-normal" href="/Lifestyle-Analysis-in-Divorce-Cases-Investigating-Spending-and-Finding-Hidden-Income-and-Assets/dp/1627225757/ref=cm_cr_arp_d_rvw_txt?ie=UTF8">Lifestyle Analysis in Divorce Cases: Investigating Spending and Finding Hidden Income and Assets</a>
1613233
After continual phone calls and sending duplicate bills, my client did not answer or respond to the long overdue debt. Like all my billings for professional work completed, payment was due upon receipt of the completed appraisal......After calls to my client's attorney that brought no results, I decided for the first time in my business career to use the small claims court.  In view of my ignorance as to the procedure to follow, I proceeded to investigate books available on the subject.
The book Barron's Legal-Ease Small Claims Court Step by Step, appealed to me because I could understand it....it was written in layman's language.  It took all the mystery out of the process.  The bottom line is Dr. Rothstein's book made me a  winner as I received the 2,800 dollars due.  A wonderful book for every business person.  Babette Cohen Appraisals
536099
Professor Fenner's book is an indispensable tool for litigator and law student alike.  Surprised by a sudden motion in limine asking to exclude your key piece of evidence as hearsay?  Look here first to see how your evidence may come in.  Professor Fenner walks you through what hearsay is, what it isn't, evidence excluded by rule as hearsay, plus all the exceptions.  For each exclusion and exception, Professor Fenner provides a numbered list of required elements, making analysis streamlined.  In addition, there are ample citations to relevant case law for support of your argument.  This is a very nuanced, yet approachable work on a difficult subject.
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"Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability" by Rich Friedman and Patrick Malone, Trial Guides, LLC, Portland, OR, second Ed., 2010. ISBN0-978-1-934833-17-9, HC 188/335 pages.  20 Chapters, 14 Appendices A-N, & Index 13 pgs.

A Revised & Updated 2nd. Edition clarifying definition of Rules of the Road and distinguishing between Rules & Principles, Etc. A somewhat tedious but well rounded syllabus written by established professional plaintiff lawyers that provides a succinct explanation of essential elements to formulating a winning strategy and combat obstacles encountered in modern-day litigation.  Special emphasis is given on steps to maximize legal methodologies following a specific but flexible format governed by adherence to an overall plan by creating indisputable standards for judges, juries and defendants to focus the reasoning and decision-making of the judge and jury.

The Appendices are informative and based on case material on discovery requests, bad faith opening statements and a formula on how to establish a foundation for winning liability case of diverse types, and a dissertation on establishing "standard of care".

Overall, this is a good read for a targeted audience where the opponent's gambit is combative, with ploys of ambiguity, confusion and complexity that may be effectively thwarted using Rules of the Road including appropriate response to Motion in Limine.
3018575
I work for a custody provider for Registered Investment Advisors (TradePMR) in National Sales.  I often read Financial Advisor Books and I have to say, this book, is one of the BEST I've enjoyed reading in a long time.  I consider it a "must read" for new Investment Advisors and also experienced Investment Advisors who would enjoy uncovering the fundamentals of our business which are often overlooked.

Frederick Van Den Abbeel
Trade-PMR, Inc.
1.888.579.8640
fvda@tradepmr.com