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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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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Over 85 Percent of the World’s Information is Stored Electronically, and Over 50 Percent of that Information is Never Printed Out With over 85 percent of the world’s information stored electronically, and over 50 percent of that information never printed out, it’s more important than ever to make sure that electronic discovery related to pending litigation is performed thoroughly—and tracks information on multiple mobile devices, as well as desktop computers. Karl Epps explains how a forensic technologist can help.
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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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The Wall Street Journal Recounts What the IRS Advises: Moves to Make as April Grows Near April deadlines may not be that far way, but some Americans still haven’t even rounded up their W2s, the Wall Street Journal noted in a (just-before-deadline) filing last year. Acknowledging the tax procrastination is a national pastime, the Internal Revenue Service issued some tips and a series of videos to help last-minute filers avoid the common blunders that could delay their returns. Here is a look at the most common errors:
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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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Business Owners Need to Establish Clear Guidelines for Future Buyouts with Their Partners John Markel explains that it’s critical for partners to put together a buy-sell agreement that establishes in specific detail the standard of value, the level of value, and acceptable methods for funding a buyout. Here’s why.
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Different Standards of Value Apply to Different Sort of Intellectual Property Valuations. Here’s Why it Matters—and How to Figure Which Standards Apply. Robert Reilly explains how different sorts of intellectual property (patents, trademarks, copyrights, and trade secret) valuations have different objectives depending on their varying purposed. It’s critical to understand those objectives in order to define the elements of a valuation assignment and choose the right standards of value.
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The Wall Street Journal’s Small Business Blog featured recently a guest column by Antone Johnson on the use, misuse, and misvaluation of intellectual property. It’s probably of interest to valuators and financial consultants who are working with small business owners to value and growth their businesses. Venture capitalists, angel investors and start-up lawyers these days tend to be obsessed with “intellectual property,” or IP. And for good reason: In the information economy, the core assets of a new venture are likely to be talented people, the IP they create, and little else. To maximize future value, founders should…
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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…