• Litigation Consulting - QuickRead Top Story

    A Guide to Discovery Rules

    March 11, 2026

    Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part II of II) Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. Read Part I here. In this second part of the article, the rules for Mayland through Wyoming are summarized. Maryland Maryland’s discovery rules are codified in its Rules of Procedure, with a strong emphasis on early disclosures and efficient case management. Discoverable items include…

  • Litigation Consulting - QuickRead Top Story

    A Guide to Discovery Rules

    March 4, 2026

    Federal and State-by-State Guidelines that Expert Witnesses Should Know (Part I of II) Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. Navigating the maze of discovery rules in economic damage cases can be daunting. Professionals often face a patchwork of regulations across jurisdictions. This two-part article provides an overview of key discovery rules applicable in federal courts and each of the 50 U.S. states. The…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Unimpeachable Certainty in the Age of Digital Distortion and Artificial Intelligence

    May 21, 2025

    Trust but Authenticate 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 Those who remain static, clinging to an outdated conception of unimpeachability, will find themselves undermined not…

  • Financial Forensics - Litigation Consulting - QuickRead Top Story

    The Intersection of Advocacy and Financial Forensics

    December 31, 2024

    The Role of the Expert in 21st Century Dispute Resolution Almost five years ago, the author penned an article published in NACVA’s QuickRead April 14, 2022. In that article, he described what was his perspective as a “recovering judge” of the role of the “expert” in the 21st century profession of dispute resolution. In this article, the author revisits, and in some cases revises, the observations and predictions set forth in the earlier article. Introduction Almost five years ago, I penned an article similarly titled, which was published in NACVA’s QuickRead April 14, 2022. In that article, I described what,…

  • Case Law - QuickRead Top Story

    Legal Update: December 2024

    December 4, 2024

    Freedman Normand Friedland LLP v. Cyrulnik—On the Valuation of Contingency Fee Cases and Qualifying as a Fee Expert When there is a consistent and predictable stream of cash flows or a history of royalties for licensed intellectual property, the valuation professional is most comfortable. In the following case, the court addressed admissibility of a valuation expert who was attempting to value an alleged interest in a law firm’s contingent fee cases—the epitome of uncertainty. The article discusses this court decision. The business valuation profession thrives on certainty and predictability. When there is a consistent and predictable stream of cash flows…

  • Expert Witness - Litigation Consulting - QuickRead Top Story

    Beyond the Hype

    November 6, 2024

    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…

  • Expert Witness - QuickRead Top Story

    The Evolving and Expanding Role of Expert Witnesses

    October 2, 2024

    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…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Experts: Mitigating Uncertainty by Identifying Fears

    July 31, 2024

    A Series on Managing Uncertainty and Fear The author has testified hundreds of times. Through these experiences, he has gained insight that is not written in the books, or at least not the ones he has been reading as a forensic and valuation professional. In this article, he shares additional insight on what is demanded by expert witnesses. As of the date of this writing, I have testified hundreds of times. Through these experiences, I have gained insight that is not written in the books, or at least not the ones I have been reading as a forensic and valuation…

  • Litigation Consulting - QuickRead Top Story

    Challenges to Expert Witnesses Under New Rule of Evidence 702

    June 5, 2024

    Experts on Notice Federal Rule of Evidence 702 has undergone changes; these were made in 2000 and 2011. The recent amendments clarify the gatekeeping function of the trial court. A trial court is charged not with weighing the expert’s opinion; rather it is charged with determining if the testimony is admissible. This article discusses the recent changes to this rule and how this will impact proposed experts and their counsel’s choice of experts. Ever since the United States Supreme Court rendered its groundbreaking decision in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), expert witnesses have…

  • Case Law - QuickRead Top Story

    Legal Update

    March 27, 2024

    People of the State of New York v. Donald J. Trump et al. The recent lengthy court opinion in People of the State of New York v. Donald J. Trump et al., provides a cautionary tale to aspiring damages expert witnesses. In this article, Michael Molder synthesis the factors that persuaded and dissuaded the judge. It is axiomatic in the civil justice system that everyone is entitled to present their case as they see it. In jury trials, we never know how the factfinder weighed the credibility of the witnesses, which is of particular interest to those who act as…

  • Practice Management - QuickRead Top Story - Valuation/Appraisal

    What the Tax Court Wants to See

    February 21, 2024

    In Your Expert Report This article includes tips for preparing an expert report but is not intended to be all inclusive. In addition to these points, remember to carefully consider professional standards, including those that are non-binding, and any code of ethics. Also prepare your report with the expectation of a Daubert motion or similar challenge to your qualifications and/or methodology. The Federal Rules of Civil Procedure give specific requirements for expert witness reports. In addition, published Tax Court opinions often include criticism of expert reports, thereby providing guidance on what the court prefers to see in the future. Their…

  • Case Law - QuickRead Top Story

    Legal Update

    August 2, 2023

    FRE 702—Challenging the Expert Witness: White Buffalo Environmental, Inc. v. Hungry Horse, LLC In modern litigation, expert witnesses have become nearly indispensable. As a result, motions to preclude those experts from testifying are almost inevitable. With the forthcoming amendment to Federal Rule of Evidence 702 clarifying both which party bears the burden of proof on challenging expert testimony and the court’s obligations as gatekeeper, White Buffalo Environmental, Inc. v. Hungry Horse, LLC is a worthwhile reminder of what constitutes a valid basis to move to exclude a damages expert and, perhaps more to the point, what does not. This article…

  • Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    Lost Profits

    February 24, 2021

    Moving Forward During COVID-19 The COVID-19 pandemic has brought difficulties and major lifestyle changes for most of us. This is particularly true for the business world. Some firms have been negatively impacted. Some businesses have benefitted from the change in our lifestyles. Because causation is an important consideration in commercial damages cases, experts assigned to estimate lost profits must consider the impact of COVID-19 on a business or industry when calculating damages for 2020 and 2021. Courts are aware of the impact COVID-19 has had on the economy and the public. This article addresses issues experts should consider when assessing…

  • Litigation Consulting - QuickRead Top Story

    How to Survive an Effective Cross-Examination

    May 27, 2020

    Skillsets Needed to Excel as an Expert During Cross-Examination For those financial experts awaiting their first opportunity to testify, as well as for those not certain of their skillsets, the author shares his tips on how to be impressive on the witness stand. As an attorney-CPA credentialed in business valuation, I have had the opportunity both to be the “expert” sitting in the witness chair and to be the lawyer doing the cross-examination. I have also had the advantage of being buyer or seller counsel on many “real world” transactions. It is certainly more enjoyable to be the person asking…

  • QuickRead Featured - QuickRead Top Story - Valuation/Appraisal

    How Not to Use Duff & Phelps Data

    July 2, 2019

    A Discussion of Rover Pipeline, LLC v. 10.55 Acres of Land, More or Less, in Ashland County, Ohio, et al. “In God we trust. All others must bring data.” This famous saying has been attributed to various people, but it implies that when data is presented, the conclusion can be trusted. However, the Ohio District Court’s decision in Rover Pipeline, LLC v. 10.55 Acres of Land, More or Less, in Ashland County, Ohio, et al., demonstrates that data is only trustworthy if it is understood and applied correctly. The case, in which the expert’s valuation report was discarded due in…

  • Expert Witness - QuickRead Top Story

    Expert Witness Exchange: CVAs

    March 20, 2019

    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…

  • Expert Witness - QuickRead Top Story

    Expert Witness Exchange: Expert Beware

    February 20, 2019

    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

    January 16, 2019

    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

    December 19, 2018

    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.