• Expert Witness - Litigation Consulting - QuickRead Top Story

    Accounting Expert Witness Reliably Calculates the Quantum of Monetary Harm: The Court Assess Substantive and Procedural Advanced to Disqualify Expert Witness

    This article provides an in-depth review of a recent infringement, unfair competition and cybersquatting where Plaintiff sought disgorgement of profits. The case highlights procedural and substantive arguments advanced during litigation and basis the Court used to partly disqualify the testimony of defendant’s expert witness. It also serves as a caution and learning opportunity for current and prospective financial damages expert witnesses. Plaintiff, Mission1st Group, Inc. (“M1G”), owns the federally registered trademark MISSION1st in connection with business advisory, information, technology, telecommunications, engineering support, and risk mitigation services. Plaintiff provides these services to a variety of entities, including serving as a government…

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    Beyond the Hype

    Why AI may Undermine Your Credibility as an Expert Witness In a recent New York Surrogate’s Court decision (Matter of Weber, 2024 NY Slip Op 24258), an expert witness’s reliance on Microsoft Copilot for financial calculations led to a notable exclusion of their testimony. The court highlighted the risks of using generative AI for evidence-based tasks, marking a significant moment for experts in accounting and other fields that demand high standards of accuracy and verifiability. This article discusses the case, as well as the risks and limitations of using AI. In a recent New York Surrogate’s Court decision (Matter of…

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    The Evolving and Expanding Role of Expert Witnesses

    Frequently, the competing attorneys are inadequately equipped to educate the mediators and arbitrators about the salient facts and the governing legal issues in dispute. Consequently, trial courts increasingly have encouraged attorneys to involve their experts in the ADR process. The author describes the expanding role the expert witnesses may and should have in ADR. Civil litigation has become increasingly complex and civil dockets have become far more congested because of the COVID-19 pandemic. To avoid the expense and delay of litigation in civil cases, trial courts and litigators have turned to alternative dispute resolution (ADR) in the forms of mediation…

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    Expert Testimonies in The Trade Group, Inc. v. BTC Media, LL

    Challenges and Key Takeaways The recent case of The Trade Group, Inc. v. BTC Media, LLC highlights the impact that experts have on judicial outcomes. The litigation revolved around a financial dispute over the Bitcoin 2022 conference and allegations regarding overcharges and financial mismanagement. Through expert testimonies, the Court ultimately provided an opinion based on the crucial contributions of expert witnesses in high-stakes litigation. Expert testimony plays a pivotal role in unraveling complex economic disputes. It is often one of the essential elements in dispute resolution. Why is that? Expert testimony brings specialized knowledge, technical insights, evidence interpretation, and factfinder…

  • Case Law - Expert Witness - QuickRead Top Story

    Legal Update: Rosenthal v. Erber

    Rosenthal v. Erber illustrates the pressure and perils of dueling experts. The expert is charged with assisting the court ascertain the facts, rather than furthering the client’s ambition. The case is a reminder to business valuation professionals that ethical considerations are paramount and that doing the contrary leads to courts’ suspecting the role of experts in the process. In the main, valuation experts pride themselves on reasoned analysis and well supported use of professional judgement. As a profession, valuators are confident that most reports uphold the demanding standards of the profession. Judges, on the other hand, do not always view…

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    The Unimpeachable Rebuttal

    Pearls Clutched and Loaded Have you ever read an opposing expert’s rebuttal of your expert report that left you clutching your pearls the rest of the day? With over 2,000 cases under my belt, I have had some true works of fiction written about me and still can be found clutching my proverbial pearls from time to time. This ninth article of the Unimpeachable Neutrality series discusses how to quell the no good, naysaying, disingenuous opposing expert rebuttal report. Have you ever read an opposing expert’s rebuttal of your expert report that left you clutching your pearls the rest of…

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    Some Trends

    Expert Witness Industry Revenues IBISWorld, an economic and industry source used by valuation and damages professionals, issues an economic report on the expert witness industry. In this article, Michael Pakter, an expert, discusses industry revenue trends—which are mixed—and also how that may affect current and prospective valuation and damages experts. Introduction IBISWorld[1] defines the expert witness industry as the provision of witnesses to offer expertise and specialized knowledge within subject areas in court cases.[2] IBISWorld defines an expert witness as a specialist consultant engaged by a law firm to provide expert opinion pertaining to a specific legal case and notes…

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    Expert Witness Exchange: CVAs

    and Expert Witnessing In this article, the Expert Witness Exchange (EWE) discusses expert witness opportunities available to CVAs. [su_pullquote align=”right”]Resources: Certified Valuation Analyst® (CVA®) Credential Online Directory: Find a CVA Expert Witness Bootcamp [/su_pullquote] As a Certified Valuation Analyst (CVA), there is a vast array of employment opportunities you can pursue. One area that may not be as obvious is the ability to play a crucial role in our legal system. The knowledge and expertise CVAs have to offer is incredibly important and frequently sought after by attorneys across the country. However, most attorneys are not looking for any random…

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    Expert Witness Exchange: Expert Beware

    Liability Claims May Follow In this article, the Expert Witness Exchange (EWE) discusses expert witness liability exposure. [su_pullquote align=”right”]Resources: Expert Witness Bootcamp Experts Sabotaging Themselves in Court—The Judges Tell All Testimony at Trial: What the Trier of Fact Expects From the Expert Who Wants to be an Expert? Expert Preparation for the Expert Deposition [/su_pullquote] Expert witnesses provide a great service to our court system in the United States, as well as in many other countries around the world. They are often sought out by attorneys to offer their opinion in legal matters without having any personal stake in the…

  • Expert Witness - Litigation Consulting - QuickRead Top Story

    The Daubert Standard’s Impact

    on Expert Witness Testimony Expert witness testimony has played a vital role in both criminal and civil trials in the United States. Testimony from expert witnesses constantly helps judges and jurors reach conclusions in controversial and complex cases. Therefore, the Daubert Standard is important to know and understand in general, and especially as an expert witness. The Daubert Standard helps courts determine whether an expert witness’ testimony during trial should be admitted into evidence. Expert witness testimony has played a vital role in both criminal and civil trials in the United States. Testimony from expert witnesses constantly helps judges and…

  • Expert Witness - Litigation Consulting - Practice Management - QuickRead Featured - QuickRead Top Story

    The Expert Witness Exchange: Car Rentals, $16 Million

    and an Expert Witness While there are hundreds of Daubert decisions issued every week, only a few go a long way in shaping the way experts are screened by judges in the future. And even fewer times, a multimillion-dollar verdict is hinged solely on the expert witness testimony! In this article, the author discusses the district and appellate court decision in Alaska Rent-A-Car v. Avis Budget Group.

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    Expert Witness

    E&O Coverage Through the Expert Witness Exchange In this article, the Expert Witness Exchange discusses a relationship it has established with Lockton Affinity, LLC to develop the Expert Witness Exchange Group Insurance Program so it can provide exchange members with the option to obtain low cost, professional liability coverage.

  • Expert Witness - Litigation Consulting - QuickRead Top Story

    The Daubert Standard’s

    Impact on Expert Witness Testimony Expert witness testimony has played a vital role in both criminal and civil trials in the United States. Testimony from expert witnesses constantly helps judges and jurors reach conclusions in controversial and complex cases. Therefore, the Daubert Standard is important to know and understand in general, and especially as an expert witness. The Daubert Standard helps courts determine whether an expert witness’ testimony during trial should be admitted into evidence.

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    Expert Witnesses

    Are You Properly Insured? Expert witnesses face many of the same risks other businesses face; from first-party losses such as damage to property, to third-party losses from legal liability. While the nature of a business dictates specific insurance needs, most businesses carry a portfolio of insurance that includes property and business interruption, commercial general liability and excess liability, automobile liability and physical damage, and workers compensation insurance. Professionals such as doctors, lawyers, accountants, and yes, expert witnesses, face special risks from their performance of “professional services” for third parties, and thus have the need for professional liability insurance which is…

  • Expert Witness - Litigation Consulting - QuickRead Top Story

    The Expert Witness Exchange

    Marketplace Platform for Aspiring and Experienced Litigation Support Professionals Until now, a lawyer could not put out a call for help with a single case description and submit that to one, a dozen, or an entire community of relevant subject matter experts simultaneously with the single push of a button. Until now, an expert might have to choose between paying for advertising to be listed in a directory and/or set up their own website in the hope that additional expert witness consulting work would flow to them. The Exchange’s marketplace offers a different paradigm and value proposition. This has been…

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    Impeaching the Unimpeachable

    My Testimonial Experience Prior to Taking the Witness Stand One unintended consequence of writing unimpeachably neutral expert reports is that often nobody wants to hear what you have left to say. After having spent nearly two years working as an expert witness, authoring an uncounted number of expert reports, subpoenas, discovery requests, deposition questions, and cross-examination questions, I had yet to testify in a single trial or deposition. Getting a chance to testify had become my Red Ryder, carbine action two-hundred shot range model air rifle. With each case that settled, I couldn’t help but to feel like the forensic…

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    How to Define and Conquer the Next 365 Days with Unimpeachable Neutrality

    As the temperature drops and the holidays creep in, case after case either settles or, even better, is granted a three-month continuance. Now you finally have the time to take a long hard look at the lessons you have learned this year, lessons you have applied from years past, and start defining next year’s conquest(s), whatever they may be. This fourth article of the Unimpeachable Neutrality series discusses how the lessons learned help to define and conquer the next 365 days

  • Expert Witness - Litigation Consulting

    The 10 Unimpeachable Commandments

    Practical Applications in Unimpeachable Neutrality Expert witnesses in the fields of forensic accounting, matrimonial litigation, and business valuation must possess a thorough understanding of the applicable standards, case law, evidentiary rules, and regulations specific to each engagement to effectively help the court understand the facts and evidence. The already daunting task of interpreting these rules becomes increasingly fleeting when those parameters act as moving targets whose relevance or obsolescence may be subject to change in an instant based upon legal decisions, newly promulgated standards, or pronouncements. This third article from the unimpeachable neutrality series, discusses 10 time tested and unimpeachable…

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    Unimpeachably Neutral Expert Testimony

    How to Tell the Whole Truth and Nothing but the Truth The often-unspoken truth is that many deposition or cross-examination questions that expert witnesses in the field of forensic accounting, business valuation, or matrimonial litigation will be asked are written to make the truth sound like a lie and a lie sound like the gospel. This second article of the Unimpeachable Neutrality series offers proactive tips on how an expert witness can facilitate effective unimpeachably neutral expert testimony with unimpeachably neutral written testimony in the form of an expert report.