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Entertainment Expert Witness on Independent Film Financing

January 27th, 2012 · experts

“In the Trenches…With the Producers”
by Kathryn Arnold – Entertainment Expert Witness

I often receive inquiries from around the world on how best to go about obtaining film financing. Projects come in all shapes and sizes – a wide array of genres, varying budgets and an assortment of experience levels. In every case, the biggest questions are: How do I put together financing for a movie? What elements need to be attached? Where does the money come from?

To get an accurate picture of what is going on in the industry today, I reached out to good friends who work on all sides of the equation as producers, financiers and distributors, both on the foreign and domestic front. The first interviews in the series are with Cindy Cowan and Jonathon Dana who have been in the trenches for many years as producers, financiers and distributors, and have a vast amount of experience to pull from. Let’s pull back the veil a bit and take a look at what is happening on the streets of independent filmmaking.

KA: Cindy you have been a producer, financier and distributor, what is your background….

CC: In 1995 I co-founded Initial Entertainment Group (IEG) with Graham King. During my time as president, we had a good run that included: an Emmy nomination for Rent-A-Kid starring Leslie Neilson; Emmy, Golden Globe and People’s Choice nominations for If These Walls Could Talk; a United Nations Award for Savior starring Dennis Quaid; and we produced the Oscar winning Traffic starring Michael Douglas. We also did Very Bad Things and Robert Altman’s Dr. T & the Women.

In 1999, I sold my two-thirds stake in IEG to Splendid Films and started Cindy Cowan Entertainment where I produced Scorched, and Fifty Dead Men Walking. (For a full bio please go to Cindy Cowan)

Jonathon you have an MBA in marketing and a Ph.D in Organizational Behavior, and are considered one of the pioneers in the industry. How did you get involved in the film industry?

JD: I entered the movie business right out of school in 1971 and my first feature film, the documentary “Sandstone” was released successfully in theaters in 1975 and was recently profiled on The History channel. I served as Director of Acquisitions and Development at The Samuel Goldwyn Company, President of Motion Pictures and Television at the Atlantic Entertainment Group, and President and CEO of specialized distribution company Triton Pictures.  I’ve had some luck with some prize-winning films at both Sundance and Cannes, and have been involved with such dramatic films as “The Spitfire Grill,” ” Patty Hearst,” “Palmetto,” “Wish You Were Here, and “Noel”;  comedies including “Valley Girl”,”Teen Wolf,” “Drowning Mona,” and “Scorched;”  foreign language films “Toto the Hero”, “The Hairdresser’s Husband,” and “Soldier of Orange”; and feature documentaries including “A Brief History of Time,” “Hearts of Darkness: A Filmmaker’s Apocalypse,”

Currently I serve as Executive Producer on movies, or Consulting Producer, and also occasionally I will serve as Producer’s Representative on movies which other people produce and I then organize the distribution and supervise the marketing, usually world-wide. (For more information please go to Jonathon Dana)

To read the whole article, click here.

The Expert Witness Network free search directory at Witness.net contains many expert witnesses in many different niche areas.  One of these niche areas is structured finance expert witnesses.  To see our listings for these types of experts, click here: Entertainment Expert Witness

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Structured Finance Expert Witness

September 28th, 2011 · experts

So what is Structured Finance and who is a Structured Finance Expert Witness?

As defined online in Wikipedia: Structured finance is a broad term used to describe a sector of finance that was created to help transfer risk and avoid laws using complex legal and corporate entities. This risk transfer as applied to securitization of various financial assets (e.g. mortgages, credit card receivables, auto loans, etc.) has helped to open up new sources of financing to consumers. However, it arguably contributed to the degradation in underwriting standards for these financial assets, which helped give rise to both the inflationary credit bubble of the mid-2000s and the credit crash and financial crisis of 2007-2009.

Craig Wolson, a Structured Finance Expert Witness deals specifically with structured finance topics such as:

  • Cash, synthetic and hybrid Collateralized Debt Obligations (CDOs),
  • Collateralized Loan Obligations (CLOs),
  • Collateralized Bond Obligations (CBOs),
  • Asset-Backed Securities (ABS),
  • Mortgage-Backed Securities (MBS),
  • Asset-Backed Commercial Paper (ABCP)
  • Structured Investment Vehicles (SIVs)

The Expert Witness Network free search directory at Witness.net contains many expert witnesses in many different niche areas.  One of these niche areas is structured finance expert witnesses.  To see our listings for these types of experts, click here: Structured Finance

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Grief and Loss Expert Witness on the “Cost of Loss”

September 20th, 2011 · experts

The Cost of Loss

by Dr. Gwen Finestone, MFT, PhD, CT 
Certified Thanatologist and Grief and Loss Expert Witness

I am a psychotherapist, not an attorney, an actuary, or a CPA, and putting a dollar value on a loss is not my area of expertise.  I have an MFT, a PhD, and a CT, not an MBA.  My expertise is in understanding the experience of loss, whether due to trauma, violence, accident, or grief, and its meaning to the person who is suffering the loss.  My special gift is being able to articulate clearly, concisely, and in layperson’s words what I know to my patients and to the attorneys with whom I work as an expert witness.    

First things first, usually when we use the word loss, we are euphemistically referring to death.  We usually mean that a person has died.  However, the concept of loss (and loss issues) is much, much broader than that.  We suffer losses when we divorce, lose a valued job, move to a new neighborhood or school, amputate a limb, go into combat, suffer a life-altering physical injury, have an unwanted hysterectomy, survive a traumatic experience, endure rape, bear years of incest, have an abortion, suffer a miscarriage, or place a child for adoption.  Though no sentient being may have actually died, each of these experiences involves a death of some sort and constitutes a loss of some kind: something dies within us, some part of our Self dies.  Every loss involves the death of some “thing”.   

We can see that each of these experiences has the power to deny us the potential that we hoped for or worked for, and it can alter our idea of who we are or will be.  It may negatively impact our self-worth, cause depression, and change our world view.

Why is loss so powerful and potentially crippling?  Because loss has meaning.  The meaning of an experience, the meaning of the loss, differs for each person.  What does it mean that my spouse cheated on me or is divorcing me, or that I was fired or forced to retire, or that my husband was murdered or paralyzed, or that I was incested or raped, or that I am now facing a lifetime with a neurological deficit?  It is the meaning of the loss that can change an individual’s personality, world view, and life path.  Truth be told, what constitutes a deep narcissistic wound for one person (a piercing wound that erodes one’s identity and sense of Self), may be barely a scratch to another.  There are important factors that make this true, not the least of which is resilience.  Unfortunately, resilience cannot be purchased online, leaving most of us to face Life with what little resilience we might naturally possess.   

What is the cost of loss in financial terms?  I cannot put a value on it, but I do know, unequivocally, that loss has the power to cost a person his or her truest and most potentiated life, and to negatively alter the lives of those who are in significant relationships with the aggrieved party.  As a therapist, it is my job to help the patient understand his losses and the costs to his life, and to guide him out of the darkness of his life and into his potential.  As an Expert Witness, it is my job to evaluate and assess the full psychological impact of a precipitating event on what would have been her realistic life trajectory; to answer the questions, “How has this event affected a client’s realistic potential, redefined her personal efficacy, altered her sense of meaning and purpose, and limited her future?  What are the long term, or irrevocable, or mutable consequences of this event?”  And, of course, it is my job to convey my knowledge and understanding of the client in an intelligent and readily understandable way to the attorneys, judge, and jury. 

My area of specialization is grief and loss issues; consequently, I treat patients who are trying to live their lives under the burden of significant losses.  Some are doing it bravely, some are doing it self-destructively.  All are suffering the lifelong costs of their losses, many of those losses hidden from view.  It is my job to expose and convey the psychological costs and it is a part of the attorney’s job to determine the dollar value of the loss.  Together, we humanize a case by creating a verbal picture of a person and their suffering that is compelling and demands financial justice.    

Dr. Gwen Finestone, MFT, PhD, CT

A practicing Marriage and Family Therapist in Huntington Beach, CA, Dr. Finestone’s doctorate is in Pastoral Ministry, with a specialization in interfaith chaplaincy, and she is nationally certified in Thanatology (the study of death, dying, and bereavement).  She served for many years as a therapist and an interfaith chaplain in hospice, working with the dying and the bereaved.

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Security Expert on Parking Garage Security

July 21st, 2011 · experts

Poor Security Undeserved, Well, Sort of…

Editor, Parking Today:

Parking Vs. Pop Culture makes valid and accurate points. However, the reasons parking garages get such a rap, undeserved, is the abyssmal design and maintenance of so many. Particularly, older garages were built without regard for actual and perceived security, and entirely too many are still built that way. In Mary Smith’s paper, referenced in the article, she makes very valid points about the need for proper design and construction of garages; unfortunately most of these recommendations are not incorporated into a majority of garages. As a security professional often engaged in reviewing and assisting the design of garages, I find entirely too many poorly designed by firms and people without a minimal understanding of how to make garages safe and appealing.

The fact that crime is actually down these last ten years is essentially immaterial, as the consumer’s fear of crime has gone up exactly opposite the decline in crime. Perception for parking garages must equal reality when it comes to proper design. This in turn will lead to the desired turnaround of garages as villains.

Jonathan Lusher, ICCPA
http://i3security.services.officelive.com
Board Member, Int’l Assoc. of Professional Security
Consultants; Past Chair, Int’l CPTED Assoc.

Article Abstract from July, 2011 (http://www.parkingtoday.com/)

The Expert Witness Network free search directory at Witness.net contains many expert witnesses in many different niche areas.  One of these niche areas would be security expert witnesses and parking garage expert witnesses.  To see our listings for these types of experts, click here: Security Expert Witness

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Blasting Expert Witness and Explosives Expert Article

June 14th, 2011 · expert

The Expert Witness Network free search directory at Witness.net contains many expert witnesses in many different niche areas.  One of these niche areas would be blasting expert witnesses and explosives expert witnesses.  To see our listings for these types of experts, click here: Blasting Expert Witness

The excerpt below is from an article from Pit & Quarry and is a good example of where explosives and blasting expert witness may be required.

Quarry-style drilling and blasting is used to excavate a large construction site in the Bronx.

A water treatment/filtration plant (designated the Croton Water Treatment Plant Project) will be built on site once the excavation is completed. The plant will be subterranean, lying directly below Van Cortlandt Park’s Mosholu Golf Course.

The pictures most people conjure up when New York City (NYC) comes to mind are skyscrapers, the bright lights of Broadway, the Statue of Liberty, Rockefeller Center at Christmastime and Fifth Avenue where only the affluent dare to shop.

One of the most extraordinary sights, however, is outside Manhattan in the Bronx, where a great excavation is under way. The excavation opening is nine acres, and will be 90-ft. deep when completed. A total of 175,000 in situ cu. yd. of overburden is being removed, followed by 950,000 in situ cu. yd. (1.6-million tons) of rock.

Challenge; Solution; Tip
Challenge; Solution; Tip

 

There are a number of considerations when carrying out a construction project in NYC. There are the logistics to access the project, i.e., construction materials deliveries and the exporting of excavated materials, which are slowed by daily traffic snarls. Additionally, there are strict security regulations to follow during construction activities that were brought about by the tragic 9/11 event. This includes special drilling and blasting regulations.

Sandvik Mining and Construction and its dealer Contractors Supply Inc., has assisted the contractor, Schiavone Construction Company Inc., Secaucus, N.J., in addressing many of the special regulations on drilling and blasting. This includes supplying efficient, environmentally friendly drilling rigs.

Schiavone is making this project a successful one with its skillful management team. The company has many years of experience in carrying out major construction projects in NYC and has continually demonstrated its ability to complete projects on time with quality results.

Only the complete project’s cost of $1 billion overshadows the excavation phase of it, which is costing more than $127-million. The owner of the project is the NYC Department of Protection (DEP), which is responsible for NYC’s water supply.

Full Article

 

 

 

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Forensic Fire Expert: Large Life Loss Fire Investigation

May 25th, 2011 · experts

Forensic Fire Expert, James McMullen Investigates Mexico Fire

49 Children Die in Day Care Fire in Hermosillo, Mexico

On June 5, 2009 a devastating fire occurred in the ABC Day Care Facility in Hermosillo, Sonora, Mexico, a city of about 700,000 people. Forty-nine (49) children died from the fire as a result of smoke inhalation and/or burns with scores more injured.

 The large life loss raised doubts about the safety standards at more than 1, 500 day care centers where the Mexican government funds low cost day care for over 200,000 children between the ages of 49 days and 4 years old.   This was a very emotional assignment due to the loss of so many young children and the outrage this created in the community.  This required meetings with advocates, parents and the news media to inform them of our investigation and how we would proceed.

 James McMullen and his team of 3 other forensic fire experts conducted the investigation on the cause, origin, and spread of the fire within the building complex. In addition, the investigation incorporated many other aspects, including an analysis of the fire safety codes and standards as well as life safety features of the building complex involved in the fire.  The investigation also focused on the requirements of the applicable National, State and City Codes, Regulations and Standards.

Upon return to the United States a final report was produced.  The analysis, review and summary of the findings, laboratory analysis of samples, and code and regulation review were used in the final report submitted to the Supreme Court of Justice (Mexico).

The findings were that the fire occurred and spread extremely fast due to failure of compliance with fire and life safety codes and regulations as adopted by the city of Hermosillo and the State of Sonora.  The final report provided a number of recommendations to avert future catastrophes due to fire in these federally-licensed daycare centers.

To learn more about James McMullen and his team of fire investigation experts at The McMullen Company, visit our free expert witness directory at Witness.net:

Fire Investigation Expert Witness

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Chiropractic Expert Witness: Ten Best Ways to Avoid Going to the Chiropractor

March 14th, 2011 · experts

Dr. Andrew Mark Rodgers
Chiropractic Expert Witness – Fort Lee Chiropractic Associates

  1. Stretch your Hamstrings – Lay on your back, thirty times a day in three sets of ten repetitions. Start before getting out of bed, leg straight, circles with your foot.
  2. Use a moist heating and on your back, two pillows under your knees for twenty minutes, three times a day. Those lumbar muscles fatigue then tear resulting in spasm. That tear misaligns the sacroiliac joint the most common cause of low back pain actually mimicking a disc herniation. 80% of low back pain is not caused from a herniated disc, but from a S.I joint misalignment and lumbar muscle tearing, so nurture with heat and rest those lumbars and they will support you.
  3. Check out the McKenzie protocol for stretching and strengthening especially prone hyperextension, but tips one and two never let anything interfere with these first two.
  4. Cardiovascular and proper breathing techniques. Reclined bicycle and fast to regular speed walks at least three times a week. Of course, swimming is the gold standard for non-weight bearing C.V. exercise and toning. Muscles need oxygen to fire.
  5. Lean towards a vegetarian whole grain daily food plan.
  6. Positive Mental Attitude – Reinforcement every five minutes. Talk to yourself. Everything is O.K. I can do this, I will do it, I am doing it.
  7. Avoid Flexion-Bending forward and sitting. If sitting is vital, boost up on a wedge tilting you forward, thereby restoring the natural lumbar lordosis.
  8. A healthy neck, upper/mid back and low back are a daily life style of standing, (check out- Alexander Technique), sitting and sleeping correctly. Defy one of these starting in the morning, it all falls apart collectively.
  9. Be a proactive, compliant, self-caring manager of your own health and life, of course. Be enthusiastic, pain and poverty are horrific and preventable.
  10. Periodical spinal check-ups to any professional practicing manipulative medical procedures. Presently, your chiropractor is the specialist for this and the most versed and experienced. In your insurance company, managed care directories under specialists, this will check for spinal and pelvic misalignment from prior falls or accidents, emotional stress or chemical stress. These misalignments (subluxations) are like dental cavities. These spinal and pelvic misalignments (called subluxation by medicare.com) can be hidden for a long time, then cause acute or chronic symptoms. Have them corrected preventatively at your monthly chiropractic check-up.

To learn more about Chiropractic Expert Witness,  Dr. Andrew Rodgers and Fort Lee Chiropractic, visit his expert witness profile.

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Expert Witness Explains Difference in Cayman Islands Legal System

February 25th, 2011 · experts

Guest Post: Garrick Infanger, Armstrong Forensic Engineers

 The legal system in the Cayman Islands operates one unusual, and perhaps progressive, difference from United States custom and law. Operating under British law, the Cayman Islands uses different rules governing expert witnesses. Accident reconstruction expert witness Jeffrey D. Armstrong, P.E. recently testified as an expert in two trials in the Cayman Islands.

Expert witnesses for both sides of the case meet prior to the court date to discuss the case and examine points of fact that can be agreed upon by both experts. Mr. Armstrong explains that these shared points are no longer in question in court and questions in the case only relate to the areas that the expert witnesses disagree. This provides an interesting—and often time-saving—approach to expert witness testimony.

Read more: Cayman Compass.

See Jeffrey D. Armstrong, P.E.’s expert witness profile in the Expert Witness Network directory.

To learn more about many different expert witnesses, visit our free searchable directory at Witness.net.

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Aquatics Expert Witness Issues Warning: No Ice is Safe Ice

January 4th, 2011 · experts

Lifesaving Resources Issues Warning: No Ice Is Safe Ice

Lifesaving Resources and the National Drowning Prevention Alliance warns: Keep children, pets off frozen bodies of water.

Harrisville, New Hampshire. December 19, 2010 – Lifesaving Resources, a private corporation dedicated to drowning and aquatic injury prevention and emergency management warns: “No ice is safe ice.”

Author: Gerald M. Dworkin - Aquatics Expert Witness and Ice Safety Expert Witness
Date: December 20, 2010

Lifesaving Resources and the National Drowning Prevention Alliance warns: Keep children, pets off frozen bodies of water.

Harrisville, New Hampshire. December 19, 2010 – Lifesaving Resources, a private corporation dedicated to drowning and aquatic injury prevention and emergency management warns: “No ice is safe ice.”

“The recent drowning deaths and numerous emergency incidents from throughout the northern states should remind all of us that (1) children need to be vigilantly supervised anytime they are in, on or around the water; (2) domestic pets need to be kept under control and off the ice; and, (3) never venture onto the ice without appropriate personal protective equipment (including a float coat and ice picks).

It’s important to keep pets under control and prevent them from roaming onto ice says National Drowning Prevention Alliance Board Member Gerald M. Dworkin, an aquatics safety expert witness and water rescue consultant at Lifesaving Resources Inc. “About 85 percent of ice emergency 9-1-1 calls are triggered by people trying to save a pet who fell through thin ice. Never attempt to rescue an animal yourself, but rather, call 9-1-1.”

“The danger is that ice seldom freezes uniformly,” says Dworkin. “For example, ice will be thinner when it has formed over moving water, and where it surrounds partially submerged objects such as rocks or tree limbs. Even the movement of fish and birds weakens the integrity of ice.” He adds that snow-covered ice, and ice that has thawed and refrozen is not as strong as new, clear, hard ice. 

Complete article here.

See Gerald Dworkin’s aquatics expert witness and ice safety expert witness profile in the Expert Witness Network directory.

To learn more about many different expert witnesses, visit our free searchable directory at Witness.net.

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Ski Lift Expert Witness comments on Sugarloaf Maine Accident

January 2nd, 2011 · experts

Ski lift expert witness: Maintenance seems lacking

Although Sugarloaf fixed all problems before opening, the expert says his review of records points to upkeep that ‘doesn’t look … healthy.’

By J. Hemmerdinger jhemmerdinger@pressherald.com
Staff Writer

In the wake of a cable derailment at Sugarloaf ski resort this week, a ski safety expert who reviewed the last two years of state inspection reports on the resort’s chairlifts said he was surprised at the number of problems the documents highlighted.

He also questioned the wisdom of re-starting the lift with skiers aboard once the cable began tracking outside the guidance system.

“There is a lot of stuff here, a lot of things that (the inspector) has keyed in on. It doesn’t look like a healthy lift maintenance (program). There is something wrong with nearly every lift,” Richard Penniman of Truckee, Calif., said of the inspection reports by the Maine Board of Elevator and Tramway Safety.

A spokesman for the Department of Professional and Financial Regulations, which oversees the board, has said Sugarloaf addressed all of the maintenance items that were identified before receiving its 2010 and 2011 licenses.

Penniman has been assistant operations manager and mountain manager at ski resorts and has trained staff on lift operations. He also taught ski area operations and safety at Sierra College in Truckee, Calif. He has testified as a paid expert witness on ski accidents and lift operations in hundreds of court cases and depositions.

But a spokesman for Sugarloaf mountain said all of the problems mentioned in the most recent inspection were routine maintenance issues.

“All of our lifts, before they are opened, are licensed and inspected by the state and are deemed safe to operate,” said spokesman Ethan Austin.

Penniman said the reports noted no significant problems with Spillway East, the lift that derailed.

Among the problems listed that Penniman highlighted were a faulty part on an emergency brake, broken stop switches and problems with the sheaves (the wheels atop the tower that support the cables).

“That is big stuff,” Penniman said. “You should have your ducks in a row. There are a lot of significant things that need attention.”

On Tuesday morning, the 35-year-old Spillway East derailed as two lift mechanics were trying to fix a misaligned cable. After two unsuccessful attempts to realign the cable, they decided to shut down the lift. As they started to slowly restart the lift to offload passengers, the cable derailed.

Full article here

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