Maintaining Professionalism Under Pressure and Under Oath Different legal professionals can use vastly different deposition techniques. John R. Markel shares two starkly different experiences with depositions, and details how to prepare yourself for the standard questions as well as how to cope with curveballs.
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Understand the Critical Distinction Between a “Testifying Expert” and a “Consulting Expert.” Brad Eldridge and Rebekah Smith explain how the requirements for a “testifying expert” in litigation work vary considerably from those for a “consulting expert.” Learn more about this distinction and find out how consultants can develop a checklist of best practices for courtroom preparation.
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Great Testimony Doesn’t Proceed From Charisma Alone. It’s Mostly about Preparation. Here’s Why. Joe Epps, CPA/CFF/ABV, CFE, CVA, explains that great expert testimony proceeds from extensive preparation of testimony outlines and demonstration exhibits to a thorough review of relevant documents, including expert reports, deposition transcripts, and a full reading of other parties’ testimony.
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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 standard of care, was generally in compliance with business valuation standards, and the expert’s approach and methodology was consistent with industry practice, the valuation stood up in court.
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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.
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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.
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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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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 that they were biased. “Apple’s damages expert, Terry L. Musika, writes in his report that ‘Apple has built a considerable and at times a cult-like following to all things Apple,’ ” Samsung’s attorneys wrote in a court filing, according…
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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 mean greater use of expert testimony in these cases going forward.” More: In the April 18 opinion, Kappos v. Hyatt, the Supreme Court resolved a question that had divided…
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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 1999 decision in Kumho Tire Co. v. Carmichael, which established that the criteria set forth in Daubert applied to other types of expert testimony – not just that of a scientific nature – the number of Daubert challenges has risen sharply. While…
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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 and reconstructing accounting records. Ms. Sawhney, a certified fraud examiner, is a director in the litigation and corporate financial advisory services group at Marks Paneth & Shron in midtown Manhattan. She investigates fraud for corporate and nonprofit organizations and determines if and…
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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 training affiliate. NACVA has offered Expert Witness Bootcamps for more than five years, but AIEWE emerges this year as its own institution with a specific mandate to serve a broad base of business beyond financial consulting. “It doesn’t matter whether you’re defending a business valuation, challenging…