• Unimpeachable Neutrality vs. Hardboiled Myths: A Direct Response to Hardball with Hitchner Issue 65/66
    Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Neutrality vs. Hardboiled Myths: A Direct Response to Hardball with Hitchner Issue 65/66

    May 7, 2026

    James Hitchner’s March/April 2026 issue of Hardball with Hitchner, which opens with what it calls Myth 39, devoted a substantial part to criticizing my article “Unimpeachable Substance and Principles: Business Valuation Standards and the Substance and Principles of USPAP,” published in NACVA QuickRead on March 12, 2026. I appreciate the attention. Criticism from a visible platform is an opportunity, and I intend to use it fully. James Hitchner’s March/April 2026 issue of Hardball with Hitchner, which opens with what it calls Myth 39, devoted a substantial part to criticizing my article “Unimpeachable Substance and Principles: Business Valuation Standards and the…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Substance and Principles: Business Valuation Standards and the Substance and Principles of USPAP

    March 11, 2026

    In this 25th article of the Unimpeachable Neutrality series, the author wants to make a case that he believes is both technically accurate and practically necessary: the business valuation standards of NACVA, ASA, and the AICPA do not merely conform to the substance and principles of USPAP in a passive or derivative sense. They are built upon those principles, share the same foundational architecture, and in the specific context of business valuation, complement USPAP’s framework with discipline-specific structure. The conversation that the valuation/appraisal profession needs to have is not about which standard is superior. It is about recognizing that the…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Methodological Consistency: The Foundation of Unassailable Authority

    February 11, 2026

    When you sit in deposition or at trial, you can speak with absolute confidence about your methodology because it is not something you invented for this case. It is something you have applied in hundreds or thousands of cases. The best defense against aggressive cross-examination is not clever language or diplomatic positioning. It is methodological consistency applied with rigor. In this 24th article of the Unimpeachable Neutrality series, the author addresses something that has become increasingly important as technology changes the nature of expert testimony: the relationship between consistency, methodology, and credibility. The best defense against aggressive cross-examination is not…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    The Unimpeachable Rebuttal 2.0: Pearls Clutched, Loaded, and Now AI-Augmented

    September 17, 2025

    The hired guns now have AI, and they are even more convincing at making the truth sound like a lie and a lie sound like the gospel. This 23rd article in the Unimpeachable Neutrality Series revisits and revolutionizes the art of the rebuttal in an age where AI has become both sword and shield in the expert witness arena. This 23rd article in the Unimpeachable Neutrality Series revisits and revolutionizes the art of the rebuttal in an age where artificial intelligence (AI) has become both sword and shield in the expert witness arena. Last month, I received what can only…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable AI Guardrails: Ethical AI Parameters for Valuation Professionals

    July 23, 2025

    In the world of valuation, particularly at the intersection of professional judgement and AI, this 21st article of the Unimpeachable Neutrality Series begs the question now facing us: what kind of AI guardrails should exist? And how do we keep them from becoming runaway lanes, or worse, launchpads, into unintended consequences? There is something charming about a good guardrail. Whether you are navigating the hairpin curves of a West Virginia backroad or the shifting terrain of emerging technologies, there is comfort in knowing you will not plummet into the ravine of professional ruin, so long as the guardrail holds. This…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Certainty in the Age of Digital Distortion and Artificial Intelligence: Trust but Authenticate

    May 21, 2025

    This 20th article in the Unimpeachable Neutrality series explores why and how valuation and forensic accounting experts may need to evolve toward a new standard: unimpeachable certainty. Neutrality, once the highest standard of expert credibility, must now be supplemented with verifiable authentication practices to ensure that expert conclusions are not built upon fabricated realities. Neutrality without authentication has become not a virtue, but a risk; a structural weakness that can be exploited. This evolution marks a pivotal moment for our profession. Those who remain static, clinging to an outdated conception of unimpeachability, will find themselves undermined not by cross-examination, but…

  • Expert Witness - Litigation Consulting - QuickRead Top Story

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

    July 24, 2024

    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…

  • Litigation Consulting - QuickRead Top Story

    Upcoming Changes to Federal Rules for Experts

    October 18, 2023

    Admissibility of Expert Witness Testimony and Reliability of Methodology On April 24, 2023, the Supreme Court of the United States approved two amendments to Rule 702. The language of these amendments was modified slightly from the language of the proposed amendments approved by federal judiciary’s Advisory Committee on Evidence Rules. This article discusses the amendments and how the changes will impact the admissibility of expert witness testimony. On December 01, 2023, new amendments to Rule 702 of the Federal Rules of Evidence will go into effect that will impact the admissibility of expert testimony. These amendments concern the standard for…

  • Litigation Consulting - QuickRead Top Story

    Providing Expert Testimony in Business Valuation

    August 25, 2021

    What to Watch For and What to Watch Out For Expert testimony is not for the faint of heart. The best expert is that person who gathers trial experience well before the first testimony experience and in that time has not only developed the technical skills—meaning mastered and acknowledged the methodologies—but has also attended depositions, jury trials, and bench trials. The practitioner will also understand business valuation (BV) standards. This requires commitment, effort, and time. This article provides an overview of points shared by James Hitchner in his July13, 2021 webinar, “Providing Expert Testimony in Business Valuation: What to Watch…

  • QuickPress

    Ensuring Plausibility Under Daubert—Anything’s Possible

    September 28, 2016

    “Dr. Expert, here is our theory for the case. Can you tell me if it’s possible?” Anyone see anything wrong with this? Can the lawyer be the one to come up with the theory for the case? Should lawyers run their theory by their experts? Annie Dike explains that whether or not their theory will pass muster under Daubert will depend not on its possibility but, rather, its plausibility. To read the full article in The National Law Review, click: Ensuring Plausibility Under Daubert—Anything’s Possible.

  • Case Law - QuickRead Featured

    Case Law Update: Real Estate Appraisal and Government Contracts

    September 10, 2013

    A closer look at real estate appraisal and government contracts A wife sells her portion of interest in a law firm in an arm’s length transaction and the timing and circumstances are questioned with regard to marital property. Adhering to cost accounting standards within government contracts and real estate valuation issues are reviewed in the latest Case Law Update.

  • Case Law - QuickRead Featured

    State Case Law: Iowa Focuses on Equalization Payments, Louisiana Considers Future Cash Flow

    April 4, 2013

    Recent Cases Consider: Fair Market Value in Arkansas, Equalization Payments and Healthcare Credits in Iowa, and Valuations Based on Future Cash Flow in Louisiana Judge Wiggins in Iowa rules In re Marriage of McDermott on equalization payments and tax credits for health insurance payments.  In Louisiana, Judge Williams finds a valuation in Fancher v. Prudhomme invalid since it was based on assumed cash flow—and a withdrawing member was the source of almost all the company’s business.  Instead, current asset value is key.  Find out more. 

  • Case Law - QuickRead Featured

    Tax Court Considers Renovation Value of $10M Home; Bankruptcy Court and Expert Testimony

    February 20, 2013

    A Petitioner Relies Reasonably on His CPA in Gaggero v. Commissioner, the Tax Court Finds. That Makes a Difference: Here’s Why. In Gaggero v. Commissioner, Judge Holmes at the U.S. Tax Court disagrees with the IRS’s contention that the plaintiff conducted an improper scheme to avoid capital gains.  In First Street Holdings NV, LLC v. MS Mission Holdings, LLC, Judge Markell at the U.S. Bankruptcy Court finds a lower bankruptcy court’s errors to be likely prejudicial.

  • Expert Witness - QuickRead Top Story

    Experts and Alternative Dispute Resolution

    February 13, 2013

    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.

  • Litigation Consulting - QuickRead Featured

    Navigating Litigation Reporting Standards

    December 12, 2012

    There’s a Maze of Standards Out There. Here’s a Guide to Key Provisions in The Most Important Ones *AUTHORS NOTE* This article was written in May 2010.  In December 2010, the Federal Rules of Civil Procedure, section 26(a)2(b) were updated such that drafts and attorney communications are now specifically recognized as work product and not discoverable.  The exception to this is correspondence as it relates to compensation for the expert’s study or testimony or if the correspondence identifies facts or data that the expert considered in forming his or her opinion.  For the actual updated rule click here.

  • Litigation Consulting - QuickRead Featured

    What a Matrimonial Attorney Needs From a Financial Expert

    October 25, 2012

    How to Maintain Independence and Professionalism in a Complex and Changing Niche As divorce laws change, attorneys increasingly rely on financial experts such as business appraisers and forensic accountants.  In this article, Robert D. Feder discusses the role of a financial analyst in the context of matrimonial law.  He also covers some of the potential pitfalls of the trade.

  • QuickRead Featured - Uncategorized

    Case Law: States Opt for Accredited Appraisers, Limit Expert Testimony, Consider Contracts

    August 12, 2012

    In Nebraska, Judge Considers: Should Damages be Limited to the Length of a Non-Compete Clause? The Supreme Court of North Dakota prefers the testimony of an accredited appraiser, a Tennessee court asks an expert witness to stick to the topic rather than allowing him to recommend an alternative legal remedy, and a Nebraska court considers whether damages should be limited to those incurred during the period of a non-compete agreement. Find out the details.

  • Litigation Consulting - QuickRead Featured

    Factors to Consider When Hiring an Expert

    August 8, 2012

    The Best Experts Increase Odds of Winning by Devising Strategy, Guiding Discovery, and Enhancing the Quality of Daubert Challenges Donald M. May at Claims Journal explains how the best expert witnesses increase odds of winning by devising strategy, guiding discovery, and enhancing the quality of Daubert challenges.  Here are the sort of queries—about specific topical expertise, testimony record, exclusion history, and overall expert witness income—that experts should expect before being hired for top cases.