• Financial Forensics - Litigation Consulting - QuickRead Top Story - Valuation/Appraisal

    A Collision Course in Evidentiary Standards for AI-Assisted Financial Forensics

    February 11, 2026

    How a New Proposed Rule of Evidence Seeks to Admit AI Analysis and Supplant Experts On January 30, 2026, Anthropic released legal plugins for its Claude AI that automate contract review, compliance tracking, and legal analysis. Within three days, $285 billion in market value evaporated from legal software and publishing companies. This was not a correction. It was a signal. The AI companies are no longer content selling infrastructure, now they are coming for the legal, financial, and forensic analysis applications themselves. The author discusses the legal and practical repercussions that the new Federal Rule of Evidence would have on…

  • 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…

  • Litigation Consulting - QuickRead Top Story

    Daedalus Blue, LLC v. MicroStrategy, Inc.

    November 29, 2023

    Court Admits Royalty Analysis on a Convoyed Sales Approach and Denies Motion to Exclude Patent Infringement Case This case arose from a patent infringement lawsuit filed by the Plaintiff, Daedalus Blue, LLC against the Defendant, MicroStrategy Incorporated. Daedalus alleged that MicroStrategy’s analytics software products infringed on two patents originally developed by IBM: the ‘172 patent related to data storage and retrieval techniques, and the ‘076 patent related to restricting user access. As the case proceeded to the damages phase, MicroStrategy filed a motion to exclude certain opinions of Daedalus’ damages expert, Jim W. Bergman, under Daubert and Federal Rule of…

  • 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…

  • 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…

  • 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 - QuickRead Top Story

    The Daubert Standard’s

    August 15, 2018

    Impact 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 - QuickRead Featured - QuickRead Top Story

    How to Conduct Due Diligence When Hiring a Forensic Expert

    September 7, 2016

    What to Ask and Look for When You Need a Forensic Expert In today’s legal environment, it is not sufficient to present unsubstantiated evidence. Many subject matter experts do not properly substantiate their findings. When hiring a subject matter expert, careful screening is crucial to choose an expert with superior skills and credibility. This article presents methodologies by which you can perform proper due diligence on your prospective subject matter expert.

  • Litigation Consulting - QuickRead Featured - QuickRead Top Story

    The Court Has Spoken

    August 1, 2016

    You’re In or You’re Out (Part VII of VII) Will your testimony be admissible? Inadmissible? This series was written to help newly minted (and experienced) experts be mindful of Daubert, or a state’s own variation of Daubert or Frye throughout the litigation process. The key points made include: remember to only accept cases that you are qualified for, ensure you have a sound methodology in which to form your opinions before proceeding, know how to clearly articulate that you are sufficiently qualified and that your methodology is relevant and reliable, and work closely with the retaining attorney to respond to…

  • Expert Witness - QuickRead Featured - QuickRead Top Story

    Expert Deposition Testimony and Responding to the Motion to Exclude Your Testimony

    July 27, 2016

    What You Say and How You Say it Matters (Part VI of VII) Anticipate that opposing counsel will challenge some aspect of the report and suggest flaws notwithstanding the hard work. How you present yourself and testify is of utmost importance. In this article, the author shares her views on how to prepare and address the criticism that will be leveled at you and your report.