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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 go ...

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Using International Economic Time Series Data in Determining Lost Profits

Forensic engagements that involve determining lost profits or other economic damages often require a “time series” of economic and market data. When the lost profits or other economic damages engagement involves comparing international companies, multi-country economic data, and international market data, the challenges in locating meaningful data become especially difficult. In this article, the authors sh ...

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Book Review—Lost Profits Damages

Principles, Methods, and Applications Everett P. Harry, III and Jeffrey H. Kinrich assembled 45 authors, chosen for their expertise in lost profits damages, and contributed and co-edited this comprehensive lost profits damages “how to” book. The authors pay tribute to Robert L. Dunn, among others, for his vision in identifying the need for this book. The book marks an attempt by the authors to provide a sin ...

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When Do Economic Damages Accrue?

The Case of the Delayed Real Estate Development In a situation where there is a claim of wrongdoing and one party suffers pecuniary damages, it is incumbent on the economic damages expert to precisely define the period of such claimed damages to properly quantify them. The outcome is largely dependent on the expert’s processes for determining damages, the components of the Expert Report, and the ability to ...

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Preparing for Expert Witness Testimony, Part 2 of 2

Getting ready for your day in court Part 1 of Preparing for Expert Witness Testimony was published in QuickRead in August 2013.  The article dealt primarily with the importance of effective engagement letters and information gathering in the expert witness preparation process.  It would behoove readers to revisit  Part 1 to receive the full value of the expert witness process.  ...

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Ten Deadliest Mistakes of Expert Witnesses

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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