Opinions are like viewpoints; everyone has one Opinions are often provided in connection with calculation values and a conclusion of value. SSVS No. 1 does not prohibit or explicitly endorse either. In this article, Jim Hitchner shares his views on whether the term “opinion”―offered in a litigation or non-litigation engagement—should be used as part of the engagement or offered in connection with a calculated value.
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Handling lawyers who coax you to work from their summary of the evidence Expert witnesses have an ethical responsibility, as well as a business imperative, to ensure they review the actual evidence that supports their analyses. Because expert witness testimony can make or break litigation outcomes, consultants cannot risk having their testimony excluded by the trial judge or discredited by the jury.
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Anticipating questions allows us to think through the best ways to phrase our responses Questions about an expert’s skills and work can be phrased in ways that make it difficult to answer accurately on the spot, but advance preparation can smooth the process.
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Good communication skills are essential for the expert Witness Expert witnesses and litigation support professionals generally do not consider the importance of communication skill training and practice as part of their preparation process. Communication is the third leg of expert witness preparation and separates the average witness from the great witness.
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Expert witness do’s and don’ts In this article, Ted Blodgett offers 10 do’s and don’ts to consider when serving as an expert witness.
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As experts, don’t we owe loyalty to ourselves and our profession? The article draws a parallel between the qualities that are needed to obtain the Eagle Scout designation and those that are necessary to serve as an expert witness.
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A summary of recent federal and state court cases involving final partner administrative adjustments, mergers, and matrimonial law This month we highlight four cases. The first is Rovakat, a federal appellate court decision where a claimed redemption was deemed a sale of stock. The In re MFW Shareholder Litigation case involves a motion for summary judgment where a majority of the minority shareholders approved a merger transaction; this was deemed a “cleansing device” that led to the dismissal of plaintiff’s leading claim, which involved an allegation of breach of fiduciary duty. In Matter of Central N.Y. Oil & Gas, the…
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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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Equity creditor appointment standards and lessons for hiring business valuation professionals from Kodak’s bankruptcy This article provides an overview of the Eastman Kodak bankruptcy case and focuses on the standard a bankruptcy court will use deciding whether to appoint an official equity creditors’ committee. It also explains why the bankruptcy court granted Kodak’s motion in limine to exclude‒under Daubert‒the opinion of two expert witnesses retained at the eleventh hour by the shareholders.
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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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Procedural phases in litigation: the role of the expert from drafting of the complaint through trial In this first part of a four-part series titled “Providing Effective Litigation Services” Mark Shirley, CPA/ABV, CVA, MAFF, CFE presents an overview of the phases in a civil case, from filing of the complaint through trial. An effective expert is a professional that understands the procedure, rules, his or her role and has the knowledge to provide the trier of fact, an informed opinion and ability to anticipate challenges.
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Businesses Incur Expenses In Order to Generate Sales. Understanding How These Different Variables Relate to Each Other is Important. Here are Some Tips. Often experts present opinions based on statistical analysis. It helps to understand some basic statistical tools. Dave Sutherland discusses some tools used to test for relationships that may exist among data sets, such as sales, marketing, cost of goods sold, etc. Here’s why correlation may not always be evidence of causation.
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Plus: Rulings on Family Business Share Value in Oklahoma, Expert Witnessing in New Hampshire The California Appeals Court rules on whether a vineyard’s expectations for future profits for land taken in eminent domain proceedings was a reasonable extrapolation in The People v. Dry Canyon Enterprises, LLC. Click for more state case law on non-competition agreements, expert witnessing, and family business share value—from Texas, Oklahoma, and New Hampshire.
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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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Appraisers Should Focus on Objectivity and Competence and Be Ready and Flexible to Deal with Unanticipated Challenges—From Vague Case Law to New Evidence to Erupting Personalities. Rand Curtiss expounds on his philosophy that business appraisal is about boundaries: limits on what we can do. Every work challenge is filled with a large number of people, each of whom have different boundaries. Business sellers want emotionally high prices. Plaintiffs want to destroy defendants. Taxpayers want to minimize taxes. Scenarios are complicated by the fact that a central problem in business appraisal is balancing the purely scientific with a bit of the…
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Discovery should focus on the technologies storing data Karl Epps explains how technology has changed in the last year, and what impact those changes have had on current and future standards for digital evidence.
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Here are four surprising ways to protect yourself in a law suit and keep legal fees to a minimum. Kevin Daum at Inc. advises: “Shakespeare said, “First kill all the lawyers.” Maybe this seems a tad aggressive, but then again, for most people the last thing you look forward to is someone showing up at your door with a subpoena. Whether a lawsuit is business related or personal, the thought of engaging an attorney for protracted litigation can strike fear into a person’s heart.” Not only is there emotion and argument to contend with, but the sheer agony of…
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Credibility is the Critical Driver of Value for an Expert. Stay on Top With These Best Practices. John Marcus provides guidelines successful expert witnesses abide by: Trust no one, read everything, spend more time thinking and less time computing, and be true to yourself. Here’s why these best practices matter.
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Why Experts Working from the Same Facts Generate Varying Opinions Financial experts can differ wildly in their opinions and findings because of differences in their underlying financial and economic assumptions, differing legal interpretations, differing theories on damages, and different access to information. Jim Gravitt explains.