Preparing expert witness testimony that can go the distance Although most expert witness engagements end without an opportunity to present your findings or testimony, this is no excuse to be lax in your analysis. In the handful of occurrences where expert witness testimony will actually be required, it must be clear, concise and thorough enough to go the distance during the proceedings. It must be assumed that every engagement will go to court and each expert witness scenario must be treated as such with regard to research and attention to detail. This overview provides valuable tools to construct a case…
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Jumpstarting a career as a litigation consultant and expert witness Getting started as a litigation consultant or expert witness takes time. The service is cyclical, and the first engagement may be the last engagement. You’ll need to be well-prepared and knowledgeable in each field.
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Arbitration Panels Don’t Know Everything a Financial Expert Does. But That Doesn’t Mean You Should Even Consider Talking Down to Them. Arbitration is somewhat similar to a bench trial, but experts need to present opinions somewhat differently than if they were testifying in a jury trial—and this is particularly true with experts testifying on financial issues such as economic damages. Joe Epps explains why.
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Should Valuators Give Citations to Specific Court Cases in Expert Reports? Different expert witnesses subscribe to different schools of thought about whether it’s best to make frequent and specific citations in an expert report or not. Charles Lunden lists 12 reasons supporting one set of conclusions. Find out more!
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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 standard of care, was generally in compliance with business valuation standards, and the expert’s approach and methodology was consistent with industry practice, the valuation stood up in court.
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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.
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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.
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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.
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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.
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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 that they were biased. “Apple’s damages expert, Terry L. Musika, writes in his report that ‘Apple has built a considerable and at times a cult-like following to all things Apple,’ ” Samsung’s attorneys wrote in a court filing, according…
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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 mean greater use of expert testimony in these cases going forward.” More: In the April 18 opinion, Kappos v. Hyatt, the Supreme Court resolved a question that had divided…
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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 a commentary in the Marks Paneth & Shron Library examining the critical mistake expert witnesses often make . In the commentary, Dr. May discusses: Why benchmarking shouldn’t be a “one size fits all” approach The risks of relying…
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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 and reconstructing accounting records. Ms. Sawhney, a certified fraud examiner, is a director in the litigation and corporate financial advisory services group at Marks Paneth & Shron in midtown Manhattan. She investigates fraud for corporate and nonprofit organizations and determines if and…
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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 training affiliate. NACVA has offered Expert Witness Bootcamps for more than five years, but AIEWE emerges this year as its own institution with a specific mandate to serve a broad base of business beyond financial consulting. “It doesn’t matter whether you’re defending a business valuation, challenging…