Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 8 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

“Litigation Hold” is a commonly used term of art referring to the duty to preserve evidence when one has knowledge, actual or constructive, that such evidence is likely to be relevant to resulting litigation. The primary question is when such a duty is triggered. Once it is triggered, the issue then becomes the scope and timing of what action one should take, and what evidence one should preserve.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 7 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

The development of technology has dramatically changed the world in which we live. Not that long ago, email and other electronic forms of communication, and information storage, were a novelty. Now, they are commonplace. In fact, it has been estimated that 95% of all information is now digital, and that more than 3.2 trillion emails are sent annually.... Read More

"Somedays won't end ever and somedays pass on by,
I'll be working here forever, at least until I die.
Dammed if you do, dammed if you don't
I'm supposed to get a raise this week, you know damn well I won't.
Workin' for a livin' (workin')
Workin' for a livin' (workin')
Workin' for a livin', livin' and workin'
I'm taking what they giving 'cause I'm working for a livin'.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 3 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

The driver of a commercial vehicle may receive a citation in conjunction with an accident. The fact, and disposition, of such a citation may have several potential impacts on a related civil claim arising out of the accident.... Read More

By now, we have all heard about the planned rollout of CSA 2010 by the FMCSA. Designed to improve safety and accountability, CSA 2010 will make major changes to the ways the FMCSA and its state counterparts interact with motor carriers. Although the substantive regulations governing motor carriers will not change, motor carriers must be able to understand how the FMCSA could impact their day-to-day operations.... Read More

Post-trip inspections and post-trip inspection reports have been required for many years; unfortunately failure to perform and document the post-trip inspection still remains the number one cited critical violation.

According to 49 CFR §396.11, each driver must prepare a driver’s vehicle inspection report (DVIR) in writing at the end of each day’s work on each vehicle operated. This means that if a driver operates three commercial motor vehicles (including tractors and trailers) during the day, then three DVIRs are required for that day. It also means that a single vehicle may have multiple reports at the end of the day if several drivers operated that vehicle during the day. A single DVIR is adequate for any combination of vehicles.... Read More

In response to the rising costs associated with inefficiencies in the national surface transportation system, lawmakers and pundits alike continue to promote "travel efficiency" policies to increase the accessibility of transportation options, expand travel choices and reduce vehicle miles traveled. There's no denying the need to continually improve the sustainability and efficiency of our nation's transportation system. However, many of the proposed solutions encroach upon our freedom of mobility and our right to live where we want. Smart growth land-use strategies are simply ways to encourage living in high-density areas offering mass transit, which counters the preferred lifestyles of most Americans. Instead of changing the transportation systems to modify our behavior, we should improve our transportation systems to match people's behaviors and preferences.... Read More

In an effort to lessen the "tax gap" (the difference between the amount of income reported by taxpayers and the amount the IRS believes is due) the IRS has increased the amount of random employment tax audits. What does this mean for your business and what will the IRS be focusing on?... Read More