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 ...

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 h ...

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. ...

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.  ...

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 t ...

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 ...

Weeding out Junk Science?  Or Scaring Off Competent Experts?  Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder.  Bullseye, a Legal Blog on Expert Topics, reports on a new study that examines the question. Since the U.S. Supreme Court’s 19 ...

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 a ...

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 trai ...