Avoid Hypotheticals. But Remember: Experienced Experts Recognize that Limited Evidence Will Often Support a More Limited Opinion Michael Kaplan explains how limited evidence can still support a limited opinion. Read about a valuator who had access to an insufficient number of documents and a hard cutoff date to complete a valuation by. Since the valuation was prepared in a manner that meets the professional ...

It’s Critical to Have an Exit Plan: But Unforeseen Disability or Untimely Death Contingencies Need to Be in Place Too. Here’s What to Consider Have you ever dreamed of selling your business and retiring to pursue a lifelong passion or hobby? Hopefully, that will happen. But, let’s face it. Life is unpredictable. ...

When Crossing or Responding to Your Opposing Expert Witness, Look for the L.I.E. (Large Internal Error) Dr. Ken Broda-Bahm cross-examines experts looking for the L.I.E (Large Internal Error).  He doesn’t always find one.  But when he does, he no longer needs to claim his expert would have done it differently or done it better.  He simply points out a liar—and dramatically wins the jury over.  Here’s how. ...

Most consultants, business owners, and attorneys understand that a good expert witness needs to meet core criteria of giving an independent opinion, being able to support that opinion under a vigorous cross examination, and communicate with and persuade a jury. But what else is important? Joe Epps explains. ...

Ten Deadliest Mistakes of Expert Witnesses Are you an expert? Technical knowledge isn’t enough, as Michael G. Kaplan explains. An effective expert witness must understand the dynamics of trial, possess excellent communication skills, and have a full command of the litigation process. Here are 10 mistakes that 35 years of experience have taught Kaplan to avoid.  ...

Zach Epstein shares the scoop at BGR:  Samsung has accused Apple of calling expert witnesses that exhibit “slavish adoration” to the company during an ongoing patent trial between the two consumer electronics giants. As noted by patent expert Florian Mueller of FOSS Patents, court documents filed by Samsung in California seek to exclude testimony made by a number of Apple’s expert witnesses on the grounds t ...

Bullseye Blog, A Legal Blog on Expert Topics, reports that The  Supreme Court has issued a new patent law opinion that could signal a greater need for expert testimony in patent-related civil actions in federal district courts. Bullseye's Robert Ambrogi cuts to the chase:  "The bottom line of Kappos v. Hyatt is that the court has lifted any limits on the use of new evidence in a §145 trial.  That is sure to ...

Study: Expert Witnesses Put Litigation at Risk with Wrong Benchmarks to Calculate Damages Marks Paneth & Shron reports that expert witnesses who rely on assumptions that overlook business reality often cause their testimony to be excluded on a Daubert challenge. Donald M. May, Ph.D., current director in the Litigation and Corporate Financial Advisory Group at Marks Paneth & Shron LLP, has published ...

Small, midsize firms encourage employees to get specialized training to help in winning clients. So writes Eilene Zimmerman in Crain's New York Business, where she mentions American Institute for Expert Witness Education (AIEWE) courses: Sareena Sawhney is a detective of sorts. As a certified forensic financial analyst, she exposes a hidden world of fraud and negligence by analyzing financial transactions a ...

Did you see the news?  NACVA has partnered with the American Institute of Expert Witnesses (AIEWE), the organization dedicated to training and mentoring professionals in the art of delivering effective courtroom testimony, withstanding grueling cross-examination, and communicating persuasively to judges and juries. AIEWE courses will be offered through the Consultants’ Training Institute (CTI), NACVA’s trai ...