Expert Witnesses

Articles

In-depth looks into topics relevant to you. Find all of the Expert Witnesses Committee’s articles in this archive.

2019

Business Valuation 201 for Litigators
By Marc Asbra – April 30, 2019
The key to nailing your next trial or deposition is an expert whose analysis will support critical valuation assumptions.

Emotional Distress Damages in Defamation Cases
By Nicholas Carroll – April 30, 2019
Defamation is no longer a "rich man's tort," but neither has it become the poor person's surefire lottery ticket.

Ways Experts Help Determine the Avoidability of Transfers in Bankruptcy
By Boris J. Steffen – April 30, 2019
The measurement of the solvency of a firm is critical to resolving competing creditor and shareholder claims in bankruptcy litigation.

What Do You Mean You're Not Bringing Your Expert to Trial?
By Arturo J. González and Christopher L. Robinson – April 30, 2019
Can you call an opposing party's expert in your case-in-chief, even if your opponent does not want to bring them to trial?

2018

Shakespeare on Expert Witnesses 
By Charles G. Ehrlich – October 31, 2018
Effective use of expert witnesses drawn from 400-year-old wisdom.

Business Valuation 101 for Litigators
By Marc Asbra – October 31, 2018
An outline of basic concepts in the valuation process--the key to nailing your next trial or deposition involving a valuation expert.

Successful Use of Financial Experts
By David Bart – October 31, 2018
Financial experts provide invaluable services to the court and to parties in interest in litigation.

Discovery Aspects in Forensic Engineering Cases–A Geotechnical Expert Engineer's Perspective
By Gennaro G. Marino – October 31, 2018
A coordinated discovery process may drive the overall success of the case.

Blockchain Technology and Cryptocurrencies: Emerging Trends
By Joao dos Santos and Stefano Vranca – May 23, 2018
A substantial number of cryptocurrency-related lawsuits and enforcement actions have been launched in recent months.

Experts May Rely on Hearsay . . . Except When They May Not
By Davis B. "Pepper" Allgood – May 23, 2018
An expert may base an opinion on inadmissible evidence, such as hearsay, but there are limitations.

Neuroscience: Its Future in TBI Evaluations and Litigation
By Lyn Gaudet Kiehl and Jason Kerkmans – May 23, 2018
Traumatic brain injury litigation requires an increasingly sophisticated knowledge of the field of neuroscience.

Does Your Expert’s Gender Matter? Explicit and Implicit Bias in the Courtroom
By Nicole D. Galli and Marta L. Villarraga – August 17, 2017
Considering gender is an important part of adequately preparing for and executing a litigation strategy.

2017

Responding to a Cyber Reputation Attack: A Game Plan and a Digital Forensics Expert
By Michael Maschke, Joe Meadows, and Laura Aradi – November 2, 2017
When cyber attackers come after your reputation, brand, or product, be ready with a quick step-by-step response plan and digital forensics expert.

Expert Witnesses: You Can’t Try a Big Case Without Them, and You Can’t Kill Them
By Ross P. Laguzza – November 2, 2017
Why is the return on investment of expert testimony meager at best? And what can we do about it?

The Centerpiece Exhibit and Other Courtroom Communication Considerations
By Glenn W. Perdue – November 2, 2017
Using memorable visual images and other helpful communication approaches make experts and lawyers more effective teachers and storytellers.

Tips for Finding and Vetting Expert Witnesses
By Kate Mahan and Heather Menezes – August 17, 2017
By taking an organized approach, using available resources, and knowing what questions to ask, retaining an expert can be done efficiently and effectively.

The Practical Implications of a Jointly Retained Expert Witness
By Bradley J. Preber and Holly Daetwyler – February 21, 2017
Subject to numerous key considerations, it can facilitate a speedy and efficient dispute resolution process.

The Many Benefits of Mock Trial
By Kate E. Hart, Juanita DeLoach, Ph.D., and Lora A. Brzezynski – February 21, 2017
Concrete suggestions for maximizing the benefits of mock trials.

Preserving Evidence in a Product Liability Case: Focus on Medical Devices
By Marta L. Villarraga, Ph.D., and William Kane, Ph.D. – February 21, 2017
A few guidelines for handling and preserving medical device evidence.

When Is the Sale Price Not Equal to Fair Value?
By Boris J. Steffen and Joseph L. Meadows – February 21, 2017
Delaware courts look at transaction price or expert evidence, or both, to determine fair value in appraisal rights cases.

2016

Two Recent Decisions Allow Expert Testimony on Historical Cell Site Analysis
By Alexander S. Vesselinovitch – November 16, 2016
Some observers call it a junk science.

Gatekeeping: U.S. Litigation vs. Arbitration
By Jennifer Vanderhart – November 16, 2016
Practices and rules in various arbitration venues compared with Daubert or Frye proceedings used in domestic litigation.

Secrets the Statistician Won't Tell You (But That You Need to Know)
By Frank Pampush and Jeremy Guinta – November 16, 2016
Proper application of regression analysis requires knowledge of case facts well as technical competence.

The Science Behind Expert Disqualification: A Guide
By Brian Hooven – November 16, 2016
Why stop at excluding expert testimony when you can exclude the expert?

Lost Profits Involving Head-to-Head Competitors
By John R. Bone, Marylee P. Robinson, and Stephen A. Holzen – July 26, 2016
The Federal Circuit provides guidance on the quantification of lost profits in patent infringement cases and the role of reasonable certainty.

Engaging Jurors with Technical Information: Building Trust and Cognition Without Overload
By Janell Walther – July 26, 2016
Using small-group strategies can help deliberative groups like juries, who can be easily overwhelmed by process and information.

Validity and Precision in Statistical Samples in Legal Cases
By Francis (Frank) X. Pampush – July 26, 2016
Two important ideas in statistical sampling can make the difference between reliable and unreliable data.

Anticipating and Avoiding Expert Deposition Fee Disputes
By John D. Sear and T. Michael Pangburn – July 26, 2016
Understanding dispute hotspots and taking simple steps to avoid them.

Two-Track Investigations: How to Protect Privileged Information after a Data Security Breach
By Kristen Viglione – April 18, 2016
A recent decision in the Target litigation reaffirms the validity of two-track investigations.

Mobile Device Forensics: What Can Be Found?
By Joshua Dalman – April 18, 2016
The perspective of a digital forensics examiner.

Expert Witnesses in High-Stakes Litigation
By Gary Friedman, David Greenbaum, and Brian Sullivan – April 18, 2016
Some implications of the 2010 amendments, the use of experts in class certification, and some practical advice to manage costs of expert services.

The Role of Two-Sided Markets in United States v. American Express
By Eric S. Hochstadt and Meaghan Thomas-Kennedy – April 18, 2016
A recent example of the important role economics and experts play in complex antitrust cases.

Calculation of Prejudgment Interest on Past Losses in Business Litigation
By Boris J. Steffen – April 18, 2016
A look at the variables: applicable interest rates, the prejudgment period, the compounding period, and discounting.

Technically Speaking: Sharing Complex Information with Juries
By Janell Walther – April 18, 2016
An audience-centered approach.

2015

Conflicts, Ethics, and Experts
By John H. Bogart – March 23, 2015
Although experts are not limited by the Rules of Professional Conduct, they may be disqualified under certain circumstances.

Managing Cybersecurity Risk for Experts and Consultants
By Matthew F. Prewitt – March 23, 2015
Data breaches can be costly, but most are preventable with modest cybersecurity efforts.

Relationship Between Expert and Counsel under Canadian Law
By Ryan Morris and Thomas Lipton – March 23, 2015
A recent Court of Appeal for Ontario decision provides guidance under Canada's Rules of Civil Procedure.

Simple Random Sampling Is Complex
By Charles A. Diamond – March 23, 2015
A review of a court's use of simple random sampling to estimate class-wide unpaid overtime hours and damages.

Effective Resolution of Construction and Environmental Cases
By Gennaro G. Marino – March 23, 2015
A geotechnical engineering expert shares key factors in resolving litigation cases.

A Look at the Tenth Circuit's Urethane Antitrust Ruling
By Eric S. Hochstadt and Jane Cooper – February 5, 2015
What it does and does not say about the reach of Comcast and the role of courts as gatekeepers for expert testimony.

2014

Dodging Daubert: Expert Opinions in Property Value Diminution
By Paul Smith and Trevor Phillips – December 15, 2014
In recent cases, real estate damages experts’ PVD opinions have failed to pass muster.

So You Think You're an Expert on Experts?
By Jason Elster – October 6, 2014
Test your knowledge on some of the most influential cases involving expert witnesses by taking our quiz.

Do Computer Forensic Experts Need a PI License?
By Gregory L. Fordham – October 6, 2014
What makes an expert a credible witness?

EPA Revises "All Appropriate Inquiries" Process, Adopts ASTM Standard
By Margaret Hill – October 15, 2014
EPA adopts standard addressing vapor migration.

How to Correctly Approach Independent Medical Exams
By Heidi Oertle and Shawna Boothe – October 6, 2014
An IME can be a key component of prosecuting or defending a personal injury or products liability case.

The Role of the Economic Expert in Damages Analyses
By Robert Kneuper and James Langenfeld – October 6, 2014
Economists can provide analyses through the application of economic techniques.

Expert Testimony on Causation Requires Sufficient Scientific Basis
By John J. DiChello – October 6, 2014
Pennsylvania reinforces minimum standard to be met to qualify as expert opinion.

"Reasonable Certainty" Remains Uncertain
By Neil Steinkamp and Regina M. Alter – January 21, 2014
With such an ambiguous threshold, determining the extent to which damages opined by an expert rise to this level can be a puzzle.

Covenant Conundrum
By Charles Diamond and Edward McDonough – January 21, 2014
Economic analysis brings new insights into familiar problems such as employee covenants not to compete.

An Overview of the USPAP
By Boris Steffen – January 21, 2014
Knowledge of these standards can assist counsel in working with a valuation expert—and avoiding a successful Daubert challenge.

Traits to Dig for in an Engineering Expert
By Gennaro G. Marino – January 21, 2014
Aside from the technical must-haves, characteristics to look for include integrity, confidence, and communication skills.

Alternative Funding of Litigation
By Victoria Lazear – January 21, 2014
By spreading the costs of litigation and sharing the risks, this arrangement offers many benefits to cash-strapped firms.

2013

Games Experts Play
By David V. Dilenschneider – February 21, 2013
That impressive list of authored works may warrant a closer look.

All IT Experts Are Not Created Equal
By Nick Robinson – February 21, 2013
How to find the perfect fit for your case.

Statistical Significance Post-Matrixx
By David A. Gulley – February 21, 2013
Clearing up some of the confusion caused by the Supreme Court's decision.

For Young Lawyers: A Primer on the Market Approach to Business Valuation
By Brian P. Sullivan – February 21, 2013
Appropriately applying this method to quantify damages is key.

For Young Lawyers: Deconstructing Overhead Costs
By Jonathan Couchman – February 21, 2013
Understanding recovery and the allocation methodology in breach-of-contract cases.

2012

New Standards for Expert-Witness Disclosures
By Thomas P. Branigan and Tina Georgieva – January 25, 2012
The amended Rule 26 allows experts to create draft reports without fear of discovery and makes it easier for litigators to work around discoverable communications.

A Year in Review: Applying the Amended Expert Rules
By Christina D. Riggs – January 25, 2012
To maximize the advantages of these rules, practitioners should engage in front-end planning with their experts based on the trends provided by the federal courts.

2011

Proving Patent Damages after Uniloc
By S. Christian Platt and Bob Chen – June 1, 2011
The rejection of the 25 percent rule will require patent holders to more rigorously tie evidence proving damages to the parties, patents, and accused products at issue.

What Do You Do with a Completed Bankruptcy Examiner's Report?
By Sylvia Mayer, John Mastando III, Aliza Reicher, and Cheryl James – May 31, 2011
The examiner report, by its very nature, may be hearsay. Both bankruptcy courts and non-bankruptcy courts have grappled with the issue of admissibility.

An Economic Framework for Analyzing Covenants Not to Compete
By Elaine Fleming, Steven Herscovici, and Keith R. Ugone – May 31, 2011
Economists should consider this set of principles when evaluating the competitive implications of a covenant not to compete.

Financial Model Mistakes Can Cost Millions of Dollars
By Susan Mangiero – May 31, 2011
Ongoing vigilance regarding financial models is critical to gauging whether the models are working as they should.

Using Amended Rule 26 to Get the Most Out of Experts
By Robert M. Craig and Cathleen M. Devlin – May 31, 2011
The revisions to Federal Rule of Civil Procedure 26 strike a new balance between expert discovery and the work-product doctrine.

2010 Expert Witness Rule Amendments
By Gregory P. Joseph – April 28, 2011
As of December 1, 2010, the Federal Rules of Civil Procedure that govern the disclosure of expert opinion are substantially amended.