Recent Expert Witness News & Links

Westlaw Round Table Group continues a regular review of notable recent expert witness news & links from around the internet...

First issue of expert witness magazine - Expert Witness Chronicle. 
 4/24/12, expertwitnessguru.com

Broadening disclosure obligations for expert witnesses in Canada. 
4/23/12, Davis LLP.

Rohm & Haas ruling: despite cancer cluster, expert witness didn't establish reasonable degree of scientific certainty
4/21/12, Philadelphia Inquirer

No forensic background?  No problem?  An interesting discussion of expert certification standards...  4/17/12, ProPublica.org

A guide to preparing your expert witness for direct examination.
  4/12/12, trialconsultants.com

Who should be on the hook for expert witness fees? 
4/2/12, wilsonlaw.com

Florida legislature fails again to change expert witness testimony standard.     Florida businesses complain plaintiff attorneys "forum shop", gravitating to Florida courts where they are able to present "junk science" due to lax expert witness standards.  3/30/12, Tampa Bay Business Journal.

How to become an expert witness: Advice on developing skills, finding opportunities
2/18/12, careersinfosecurity.com

Wall Street targets expert witness
2/14/12, advancedtrading.com

Is your expert prepared? 5 tips to get your expert witness ready...
1/30/12, CEBlog

Expert Witnesses Faulted in Suit Against Mets' Owners
1/27/12, New York Times

National Center for Audio and Video Forensics announces new certifications.
1/30/12, NCAVF

Czech 'expert witness' system under scrutiny over intimidation by extremists.
1/25/12, CzechPosition.com

Stanford Ponzi case kicks off
1/24/12, New York Post

DOJ calls Megaupload case "among the largest criminal copyright cases ever
1/19/12, TNW Insider

District Court holds "It is an abuse of discretion to permit a witness to testify as an exper on the issue of non-infringement or invalidity unless that witness is qualified as an expert in the pertinent art
1/5/12, Patent Lawyer Blog

What preparations are paramount for an expert witness prior to deposition?
1/4/12, Best Articles

What should an expert witness look for in an attorney or law firm?
1/2/12, Forensic Alcohol Consulting & Training

Focus Group at NACDL's Spring Meeting

Thomson Reuters needs you!

You are invited to participate in a focus group at the National Association of Criminal Defense Lawyers’ Spring Meeting this week!

Thomson Reuters is looking for 10 attorney participants to discuss how you search for, hire and research expert witnesses. Participation by both private practice and government attorneys is desired.

The focus group will be held from 12:15-1:15 pm on Friday, April 27, 2012 at the NACDL Seminar conference room, The Ritz Carlton, Cleveland.

As a thank you for your time and insight, each participant will receive a $50 AMEX gift card at the conclusion of the session.

To register and for more information, reply to Julia.Laurin@thomsonreuters.com
Thomson Reuters is a proud Platinum Sponsor of NACDL. Be sure to stop by our booth at the Spring Meeting to learn about our new reports on opposing expert witnesses and case valuation productions.

Sincerely,
Julia M. Laurin, JD
Manager, Intelligence Reports

January & February Expert Witness News & Links

Westlaw Round Table Group continues a regular review of notable recent expert witness news & links from around the internet...

How to become an expert witness: Advice on developing skills, finding opportunities
2/18/12, careersinfosecurity.com

Wall Street targets expert witness
2/14/12, advancedtrading.com

Is your expert prepared? 5 tips to get your expert witness ready...
1/30/12, CEBlog

Expert Witnesses Faulted in Suit Against Mets' Owners
1/27/12, New York Times

National Center for Audio and Video Forensics announces new certifications.
1/30/12, NCAVF

Czech 'expert witness' system under scrutiny over intimidation by extremists.
1/25/12, CzechPosition.com

Stanford Ponzi case kicks off
1/24/12, New York Post

DOJ calls Megaupload case "among the largest criminal copyright cases ever
1/19/12, TNW Insider

District Court holds "It is an abuse of discretion to permit a witness to testify as an exper on the issue of non-infringement or invalidity unless that witness is qualified as an expert in the pertinent art
1/5/12, Patent Lawyer Blog

What preparations are paramount for an expert witness prior to deposition?
1/4/12, Best Articles

What should an expert witness look for in an attorney or law firm?
1/2/12, Forensic Alcohol Consulting & Training

February Patent News & Links

Westlaw Round Table Group continues a monthly review of notable recent expert witness news & links from around the internet...

Are patent wars good for America? Every major tech breakthrough in US history is accompanied by a surge in patenting, patent trading & patent litigation.
2/20/12, IP Watchdog

They invented what?
2/17/12, Anticipate This!

Google granted driverless car patent
2/15/12, techradar.com

US patent law retains key differences with Europe and Canada
2/10/12, Genetic Engineering & Biotechnology News

No, the patent system is not broken
2/9/12, Forbes

Mobile patent litigation: It's a push game no one wins
2/3/12, ZDNet

Motorola makes Apple pull iPads and iPhones in Germany
2/3/12, BBC News

Facebook IPO a "zoo" of looming legal troubles: SOPA, open source, patent trolls
2/2/12, Internet Cases

Post-SOPA, what is the next frontier for internet copyright protection?
2/1/12, Knowledge@Wharton

Why are there Eight Million Patents (Or how to increase the value of your company by 92%)
2/1/12, JDSupra

January Patent News & Links

Westlaw Round Table Group begins a monthly roundup of notable recent patent news & links from around the internet...

New patent law means trouble for tech entrepreneurs
1/31/12, Forbes

Patent plaintiffs target Facebook as IPO approaches
1/31/12, Reuters

Does innovation revolve around patent lawyers?
1/30/12, Forbes

10 simple tips as we adjust to the current changes in patent law
1/25/12, Law Technology News

Has the patent lottery gone cold?
1/24/12, Financial Times Tech Hub

Supreme Court upholds Congress' authority to restore lapsed foreign copyrights
1/18/12, JURIST

This year's dominant IP strategy appears to be all-out war
1/17/12, Law.com Corporate Counsel

Reigning in the costs & risks of patent litigation
1/17/12, Law.com

New court aims to cut through patent nonsense
1/16/12, swissinfo.ch

Google adds IBM patents as it looks to future
1/4/12, BBC

How to Find the Right Expert Witnesses - Tip 6

by Jeff Curran

Part of my on-going series of posts providing more insight into "How to Find the Right Expert Witness Top 10 Tips." 

Tip 6: Sources Professional association meetings like the American Association for Justice (formerly ATLA) and the Defense Research Institute (DRI).

The next time you find yourself at one of these meetings, take a few minutes to simply stop by and talk with some of the experts and vendors.  Organizations like:

1. American Association for Justice (AAJ) (formerly the American Trial Lawyers Association) - an organization that consists mainly of Plaintiff-oriented lawyers (www.aaj.org);

2. Defense Research Institute (DRI)- an organization of defense-oriented counsel and manufacturers (www.dri.org);

3. American Bar Association (ABA) (www.abanet.org); and

4. State and local bar associations or practice-related professional organizations

It is a great way to find out what disciplines they may have, and a better way to consider "people skills".  Use these meetings to get familiar with the experts, and make notes. 

Even if these experts are not "the one" for your particular case, someone in their office or someone they know in the industry may be. They are great sources for networking with other experts and understand what technical areas may help in future cases.

We're past the half way mark, but stay tuned for more good tips.  Hope you've been making progress with that case you're working on.

Author

Jeff Curran

Of Counsel, GableGotwals, Oklahoma City, OK

Co-Author with Kurt Meaders of Expert Witnesses: Motor Vehicle and Accident Reconstruction Cases

How to Find the Right Expert Witnesses - Tip 5

by Jeff Curran

Another in my on-going series of posts providing more insight into "How to Find the Right Expert Witness?Top 10 Tips."

Tip 5: What's your budget and how many experts can your case handle?

Always be aware of the economic side of your case when trying to locate experts. Expert fees will increase as the technical difficulty of the case increases, and as their technical knowledge and ability to communicate those issues to lay people on the jury increases.  While we all would like to win every case by bringing using our "best guns," sometimes we have to use what ammunition the case can support.  If you bring in a ton of high-priced experts in a relatively small case, you run several risks, such as spending too much money (obviously) or making the case seem bigger than it is.

And ask yourself how many experts can your case handle?  Whether your case can support the experts needed and/or chosen depends on whether the technical issues require it, whether the judge will allow existing experts to speak on the issues and whether counsel believes the jury will accept more experts or be content with the experts presented.

Studies have found that the average jury pays very little heed to what a paid expert has to say - they figure that the expert is saying what they have been hired to say.  However, this does not affect your legal burdens - you have to have experts regardless of the degree of attention the jury pays.

As always hope you find the tips useful and good luck with that case you're working on.

Author

Jeff Curran

Of Counsel, GableGotwals, Oklahoma City, OK

Co-Author with Kurt Meaders of Expert Witnesses: Motor Vehicle and Accident Reconstruction Cases

How to Find the Right Expert Witnesses - Tip 4

by Jeff Curran

More of my on-going series of posts providing insight into "How to Find the Right Expert Witness?Top 10 Tips."
  
Tip 4: Consider where you are (the venue) and who you are (you and your client) when determining number and potential impact of different experts.

Consider where (and who) you are.  Are you a big company or are you in a small town venue (or both)?  Or are you perchance on the other side of a big company?  You might want to consider using someone more local (but don't sacrifice quality for geography).
 
Hope you find the tips useful and good luck with that case you're working on.

Author

Jeff Curran

Of Counsel, GableGotwals, Oklahoma City, OK

Co-Author with Kurt Meaders of Expert Witnesses: Motor Vehicle and Accident Reconstruction Cases

Westlaw Round Table Group Author Series

Over the coming months, Westlaw Round Table Group's Engaging Expert Witnesses blog will be welcoming a number of guest authors who will share their insights about how to find the very best expert witnesses, and how to effectively utilize experts in your litigation practice.

Our guest bloggers will include Damian Capozzola (co-author of Expert Witnesses in Civil Trials: Effective Preparation and Presentation), Jeff Curran (co-author of Expert Witnesses: Motor Vehicle and Accident Reconstruction Cases), and many others.

We hope you will join the discussion!

How to Find the Right Expert Witnesses - Tip 3

by Jeff Curran
 
This is part of my on-going series of posts providing more insight into "How to Find the Right Expert Witness?Top 10 Tips."
 
Tip 3:  Sources:  Consider your own/colleague's previous experience/litigation with an expert.

You know some of the things to consider, but just where can these "lords of the courtroom" be found?  The first place I'm going to tell you to look is your own backyard. In other words, there really isn't a better place to look than either to somebody you or your partners have used before.  But if you have an issue about which you must go outside your experience zone, check with people you've used before in other types of related litigation. 

Or, check somebody else's backyard, i.e., call a friend who practices in that area and see who they've used, or maybe who was used against them that worked out well.

Hope you find the tips useful and good luck with that case you're working on.

Author

Jeff Curran

Of Counsel, GableGotwals, Oklahoma City, OK

Co-Author with Kurt Meaders of Expert Witnesses: Motor Vehicle and Accident Reconstruction Cases