Squid Game is back—and this time, the knives are out. In the thrilling Season 3 premiere, Player 456 is spiraling and a brutal round of hide-and-seek forces players to kill or be killed. Hosts Phil Yu and Kiera Please break down Gi-hun’s descent into vengeance, Guard 011’s daring betrayal of the Game, and the shocking moment players are forced to choose between murdering their friends… or dying. Then, Carlos Juico and Gavin Ruta from the Jumpers Jump podcast join us to unpack their wild theories for the season. Plus, Phil and Kiera face off in a high-stakes round of “Hot Sweet Potato.” SPOILER ALERT! Make sure you watch Squid Game Season 3 Episode 1 before listening on. Play one last time. IG - @SquidGameNetflix X (f.k.a. Twitter) - @SquidGame Check out more from Phil Yu @angryasianman , Kiera Please @kieraplease and the Jumpers Jump podcast Listen to more from Netflix Podcasts . Squid Game: The Official Podcast is produced by Netflix and The Mash-Up Americans.…
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Engaging Experts
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Inhalt bereitgestellt von Round Table Group. Alle Podcast-Inhalte, einschließlich Episoden, Grafiken und Podcast-Beschreibungen, werden direkt von Round Table Group oder seinem Podcast-Plattformpartner hochgeladen und bereitgestellt. Wenn Sie glauben, dass jemand Ihr urheberrechtlich geschütztes Werk ohne Ihre Erlaubnis nutzt, können Sie dem hier beschriebenen Verfahren folgen https://de.player.fm/legal.
After 25 years helping litigators find the right expert witnesses, Round Table Group’s network contains some of the world’s greatest experts. On this podcast, we talk to some of them about what’s new in their field of study and their experience as expert witnesses.
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Inhalt bereitgestellt von Round Table Group. Alle Podcast-Inhalte, einschließlich Episoden, Grafiken und Podcast-Beschreibungen, werden direkt von Round Table Group oder seinem Podcast-Plattformpartner hochgeladen und bereitgestellt. Wenn Sie glauben, dass jemand Ihr urheberrechtlich geschütztes Werk ohne Ihre Erlaubnis nutzt, können Sie dem hier beschriebenen Verfahren folgen https://de.player.fm/legal.
After 25 years helping litigators find the right expert witnesses, Round Table Group’s network contains some of the world’s greatest experts. On this podcast, we talk to some of them about what’s new in their field of study and their experience as expert witnesses.
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In this episode… Our guest, Dr. Leslie Dobson, is a clinical and forensic psychologist with a private practice. She is an expert in forensic psychology focusing on civil law and forensic evaluations for sexual abuse allegations. Dr. Dobson holds a Doctor of Psychology from Loma Linda University. Comfortable is credible , according to Dr. Dobson. She advises strong familiarity with your audio and video setup, so you aren't fumbling about during remote sessions. Additionally, she recommends that experts practice not only what they say, but the pronunciation and manner of delivery Check out the entire episode for our discussion on social media versus publication, acting as a rebuttal witness, and knowing your worth.…
In this episode… Today’s guest, Steve Reese, is the CEO of Reese Energy Consulting, a full-service consulting firm serving the energy sector, and Reese Energy Training. He is an expert in natural gas contracts, energy marketing, sales contracts, and more. Mr. Reese holds a degree in Business Administration from the University of Central Oklahoma. Experts should review the pleadings before accepting an engagement, according to Mr. Reese. Doing so ensures that you are comfortable putting forth your opinion in service of the engaging attorney’s conclusion. This may require some convincing and a non-disclosure agreement, but Mr. Reese finds it worthwhile. Check out the entire episode for our discussion on direct client engagements, late payments, and understanding the limits of an attorney’s technical knowledge.…
In this episode... Today's guest is Frederick Fisher, founder of Fisher Consulting Group, a loss control and prevention consultancy, as well as an expert in risk management and compliance. He is a sought-after speaker, presenter, and holds a JD from Lincoln University Law School. Expert witnesses are not advocates, according to Mr. Fisher. Winning the case is the purview of the attorney, not the expert. Answering questions truthfully, while not volunteering more than is asked is the key to a successful expert witness performance. Check out the entire episode for our discussion on cross-examination tactics to look out for, the impact of technology on experts, and rush-jobs.…
In this episode… Our guest, Dr. Chris Daft is Dr. Daft is an award-winning physicist and engineer with expertise in medical imaging, semiconductors, signal processing, and more. He is a published author and holds over 15 patents. Dr. Daft holds a PhD in Materials Science from Oxford University. Engaging parties who try and negotiate rates are a red flag, according to Dr. Daft. He believes that budgetary constraints can get in the way of thoroughly focusing on the case, and effectively completing your engagement, which is unfair to the end client, and can affect your reputation. Check out the entire episode for our discussion on AI’s role in expert witnessing, working before administrative boards in patent disputes, and working remotely.…
1 Special Edition: Expert Witness Engagement Pitfalls (with Professor Emeritus, Edward Lamoureux) 26:04
In this episode... Today's special guest, Professor Emeritus Edward Lamoureux reveals what can go wrong during an expert witness engagement. Upon receiving a call for a potential engagement, Professor Lamoureux responded emphatically that he was not the right person for the job. Nevertheless, with the attorney's insistence, he agreed to accept the engagement. Check out the entire episode for the story of what went wrong, and what precautions experts can take to avoid similar situations.…
In this episode… Our guest, Ms. Merrill Cohen, is a vocational consultant and life care planner for Strategic Consulting Services. She’s an experienced expert witness in both federal and state court and a certified rehabilitation counselor and certified life care planner. Ms. Cohen holds a master's in counseling from Seattle University. It’s easy to get shaken up as a new expert, according to Ms. Cohen. She recalls getting annoyed at opposing counsel when they’d ask the same question over and over, changing a word or two to try and obtain a different answer. These days, it’s just a matter of answering honestly, “you get paid for every time you have to answer”, she reasons. Check out the entire episode for our discussion on red flags, freebie consultations, and controlling your testifying demeanor.…
In this episode… Dr. James Pastor is the principal expert at SecureLaw LLC, a security and legal consultancy. He's a security expert with a broad background, ranging from police work to academia. He's a published author, a sought-after public speaker and of course, an expert witness. Dr. Pastor holds a PhD in public policy analysis. Do not, under any circumstance, work without a retainer, according to Dr. Pastor. He believes that your credibility and the engaging lawyer’s respect for your experience are embodied in retainers, and agreeing to one gets the employee-expert relationship off on the right foot. Check out the entire episode for our discussion on avoiding premature opinions, Zoom depositions, and conceding less-than-ideal facts.…
In this episode… Our guest, Dr. David Stephens, is a biochemist, health physicist, and environmental and forensic consultant. He has worked with the Health Department on numerous matters, including radioactive materials licensing, and he has served as an expert on cases ranging from clandestine drug lab analysis to environmental risk factors. Dr. Stephens holds a PhD in Biochemistry from UT Austin. Don’t start working until you have a signed contract, according to Dr. Stephens. It can be tempting to try and be overly helpful on initial calls and conversations, but it is important to get paid for any work you do in service of the end client. Check out the entire episode for our discussion on making it through slow periods, good communication, and staying current.…
In this episode… Today, we feature two guests on the show: Tom Demont and Mark Stuart. Mr. Demont is the President of Technical Services, Inc., and a 50-year veteran of the locksmithing and security professions. He has written for numerous trade publications and is an experienced expert witness. Mr. Stuart is the President of Associated Lock Forensics, a full-service expert witness consulting firm; and Emerald Coast Fire Door Inspections. He is a locksmith as well and holds a JD from Woodrow Wilson College of Law. Obtaining and maintaining certifications is the key to credibility with engaging attorneys, according to our guests. In trades like locksmithing, certifications take the place of academic credentials, and quickly communicate your wheelhouse, and your commitment to staying current in your field. Check out the entire episode for our discussion on billing for different activities, going to settlement, and developing conclusions in expert reports.…
1 Engaging with Panel Experts, Dr. Jolie Brams and Mr. Kevin Quinley 1:10:40
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Später Spielen Später Spielen Listen Gefällt mir GelikedIn this episode… Today’s episode is a panel discussion on the expert-attorney relationship. Our panelists are Dr. Jolie Brams and Mr. Kevin Quinley. Dr. Jolie Brams is the owner of Brams and Associates, a psychology practice and forensic psychology consulting firm, with extensive experience in both criminal and civil matters ranging from state and federal sentencing to educational litigation and beyond, Dr. Brams holds a doctorate in clinical psychology from Michigan State. Mr. Kevin Quinley is the founder of Quinley Risk Associates, a risk management consultancy and expert witness service provider. Mr. Quinley holds numerous certifications in insurance management, adjustment, and underwriting. He has a master’s in government from William and Mary. Avoiding surprises is the key to a positive expert-attorney relationship, according to our panelists. Set expectations before accepting an engagement—billing, scheduling, and work-product should be fully understood and agreed upon. Legal matters are dynamic; be proactive in asking questions if anything is unclear, or circumstances change for a positive working relationship. Check out the entire episode for our discussion on getting off on the right food, red flags to be aware of, and what it takes to be a great expert witness.…
In this episode… Today’s guest, Sheila Lowe, is the owner of Sheila Lowe and Associates, a handwriting authentication and behavioral profiling firm. She’s a published author of handwriting analysis books as well as mystery novels. Ms. Lowe holds a master’s in psychology from California Coast University. Take physical presence into consideration when billing, according to Ms. Lowe. She offers a flat rate for remote testimony, and a separate hourly rate for in-person appearances. Additionally, a non-refundable retainer prevents attorneys from using her name to draw settlements without paying. Check out the entire episode for our discussion on repeating mistakes, the benefits of settlements, and telepresence considerations.…
In this episode… Our guest, Mr. Gerry Christensen is the founder of Wireless Waypoint, a consulting firm specializing in wireless technology solutions, and Mind Commerce, an information technology and strategy firm. Additionally, he’s the Head of Partnerships and Regulatory Compliance at Caller ID Reputation, a technology-driven service company. Mr. Christensen is a sought-after expert witness and holds an MBA from Auburn. If you can’t take your emotions out of a case, you should decline, according to Mr. Christensen. Even without a traditional conflict of interest, it is important to be comfortable opining on a topic given the facts of the case and the framework established by the engaging attorney. Neutrality is key. Check out the full episode for our discussion on expert witness referral services, trying too hard to be helpful, and arbitration.…
In this episode… Today’s guest, Stanley Dubinsky, is the Co-Principal of ConflictAnalytiX, LLC, and Professor of Linguistics at the University of South Carolina. Through analyzing the meaning and structure of texts, he helps guide attorneys through the complexities arising from structured grammar and normative usages of language. Professor Dubinsky holds a PhD in Linguistics from Cornell. Expert witnesses can fall into the trap of using excessive technical language to appear intelligent, according to Professor Dubinsky. He recommends writing as plainly as possible and reading your expert reports aloud to ensure that the language you write is both precise and understandable. Check out the full episode for our discussion on giving away too much during initial calls, becoming a virtuoso in your field, and billable rates.…
Our guest Steve Silverman is the President of Silverman Group, a consultancy that serves medical product companies on regulatory strategy and policy issues, and an expert consultant for NDA. Additionally, he has over two decades of experience in federal service, including senior roles at the FDA. Mr. Silverman holds a JD from the University of Pennsylvania. In this episode… Learning from your mistakes is crucial, according to Mr. Silverman. As a new expert witness, it is easy to jump into your first engagement relying solely on expertise, but doing your homework is just as important. He recommends a proactive approach—question your attorney before accepting an engagement to make sure expectations are clear. Check out the entire episode for our discussion on remote etiquette, billable research, and expertise as a trainable skill.…
Today’s episode is a panel discussion on expert relationships. Our panelists are Mr. Jonathan Klane, Mr. Mike Favetta, and Dr. Elliot Fishman. Mr. Klane is the Senior Manager on the Safety Business Development Team at Draeger, a medical and safety technology firm. He is an experienced expert witness and a Ph.D. candidate in Human and Social Dimensions of Science and Technology at Arizona State University. Mr. Favetta is a meteorologist and the owner of WeatherPrep, LLC., a meteorology consulting firm. In addition to meteorology, his expertise spans climatology and the environment. Mr. Favetta has over 13 years of experience as an expert witness. He has a bachelor’s in Atmospheric Sciences and Meteorology from Keene University. Dr. Elliot Fishman is the founder and CEO of Astrina, Inc., an economist, and a sought-after expert witness. Dr. Fishman holds advanced degrees including an MBA from Wharton and a PhD from the University of Pennsylvania. In this episode… As expert witnesses, the way in which we are perceived is a matter of how we present ourselves. While some areas of expertise are more casual, others require a buttoned-up, professional demeanor at all times. It is important to interact with our peers, engaging attorneys and fact-finders in a manner that fits both our profession and role as an expert. Listen to the entire episode as our panelists explore the relationships that expert witnesses will encounter.…
In this episode… Our guest, Mark McKenna is a law professor at UCLA and a partner at Lex Lumina, LLP, a full-service law firm. He’s a sought-after IP expert with numerous publications and holds a JD from the University of Virginia. As both an expert witness, and an attorney who uses them, Professor McKenna has a unique perspective into both. He recommends staying vigilant as an expert, to avoid crossing over from expert opinions to legal opinions. If you have suggestions that may aid in trial strategy, work with your attorney outside of court to incorporate them where appropriate. Check out the full episode for our discussion on changing technology, international arbitration, and travel expenses.…
In this episode… Our guest, Professor Anna Kirkland, is the Kim Lane Scheppele Collegiate Professor of Women’s and Gender Studies at the University of Michigan. She is a published author with research focusing on the relationship between health and law, health insurance coverage for infertility, and the politics of health. Professor Kirkland holds a JD and a PhD in Jurisprudence and Social Policy. Writing expert reports is distinct from academic writing, according to Professor Kirkland. While scholarly journals assume an audience is familiar with the topic, expert witness reports must be clear, concise, and free from jargon. Check out the entire episode for our discussion on depositions vs. peer review, the meaning of expertise, and the boundaries of your niche.…
In this episode… Today’s guest is Kevin Hensley, a partner at Barton Gilman where he practices as a trial and appellate attorney on a broad range of matters, including contracts, employment discrimination, indemnity, and more. A published author and frequent presenter, he has been recognized by Best Lawyers in America. Mr. Hensley holds a JD from Boston University. According to Mr. Hensley, attorneys prefer great communicators, not just a wealth of expertise. No matter how well-versed an expert witness is in their field, an expert’s ability to convey that knowledge effectively and efficiently to the factfinder is paramount. He uses initial phone calls to vet experts’ ability to communicate. Check out the entire episode for our discussion on experts that go above and beyond, keeping your cool, and preparation.…
In this episode… Our guest, Dr. Seth Miller is the President of Heron Scientific, Inc., a consulting firm specializing in battery technology. He’s a prolific inventor with over 90 patents, numerous academic publications, and a sought-after expert witness. Dr. Miller holds a PhD in organic chemistry from Caltech. One of the most difficult moments for testifying expert witnesses is getting on the stand. Relax, your attorney can clean up any fumbles during cross-examination. Whether you miss-speak, or get tripped up by opposing counsel, Dr. Miller advises “trust in the redirect.” Check out the entire episode for our discussion on rates, pre-trial caffeine, and travel expenses.…
In this episode… Today’s guest is Ms. Laura DuPriest, a licensed esthetician, manicurist, cosmetologist, and spa therapist. She is also an entrepreneur, published author, and expert witness with over 20 years of experience. Zoom can be convenient, but Ms. DuPriest prefers in-person depositions and trials to avoid technical difficulties and better connect with the parties. With her experience in the beauty industry, she understands the impact of presence and notes that juries will size up experts based on their demeanor despite court instructions. Check out the full episode for our conversation on travel billing, the importance of expert witnesses to fair defenses, and forming a concise opinion.…
In this episode… Michael Maxwell is the Managing Partner of Maxwell and Partners, LLC, a firm specializing in complex real estate litigation matters. He is a sought-after expert witness with over three decades of experience and a former professor at Nova Southeastern University. Cases are as unique as individuals, according to Mr. Maxwell. While there are similarities, he treats each engagement as a new experience, without bringing in the baggage of pre-conceptions. He views each outing with a fresh perspective, which allows him to maintain a thoughtful demeanor and an open mind and develop more effective expert opinions. Check out the entire episode for our discussion on the expert-attorney relationship, using demonstratives, and enjoying the challenge.…
In this episode... Dr. Stephen Cohen is the Section Chief of General Surgery at the Veteran’s Administration and Associate Professor of Surgery at VCU Health. He is a consulting expert with over three decades of experience and a board-certified surgeon. Dr. Cohen holds an MD from UCLA and an MBA from Walden University. While advances like telepresence (Zoom) have made expert witnessing more convenient, technology is not always a boon for experts. Since the advent of electronic medical records (EMRs), medical experts are often inundated with many thousands of pages of superfluous material, according to Dr. Cohen. This has led to a situation where professional nurse consultants are hired to weed through records, passing along only what is useful. Check out the entire episode for our discussion on learning from mistakes, neutrality, and getting paid.…
In this episode… Our guest, Mr. Garth Gartrell, is the founder of StreeterWyatt Analytics, a firm specializing in executive compensation analysis, and the author of Emerging Compensation for Emerging Grown Companies. Also, he is an adjunct professor at Capital University and practices pro bono law. Mr. Gartrell holds a JD from Ohio State and an LLM from Harvard. Don’t overload the judge or jury, advises Mr. Gartrell. He recommends choosing and focusing on only the most salient points. Expert witnessing is a teaching experience, and it is crucial to express your opinion clearly and efficiently to your attorney, the judge, and the jury. Check out the complete episode for our discussion on compensation contracts, working on bench trials vs jury trials, and remote work.…
In this episode… Today’s guest is Dr. Don Keysser, Managing Principal and Business Finance Consultant at Hanover Limited, where he specializes in business development, capital planning, financial analysis and more. Additionally, he teaches Business and Finance at the University of Minnesota, and St. Mary’s. Dr. Keysser has over 20 years in expert witnessing and holds an MBA and DBA. Preparation is key, and Dr. Keysser has worked with both attorneys who do a great job, and those that fall short. He recommends a proactive approach; ask for mock depositions when possible, noting that ill-prepared experts can have a profound impact on the end client. Check out the entire episode for our discussion on working internationally, working for both plaintiff and defendant and marketing.…
In this episode… Our guest, Nancy Ortmeyer Kuhn, is a Schulman Rogers shareholder, and she specializes in tax controversies and tax planning. She is a practicing attorney and expert witness for a range of topics including non-profit governance, charitable conservation easements, and general tax issues. Ms. Kuhn is a published author and holds an LLM from the University of Denver. “Communication is key,” according to Ms. Kuhn. Whether good or bad, having an open dialogue between an expert and an attorney is the foundation of a successful engagement. That said, she also notes that attorneys are extremely busy and may not always have time for extended conversations. Check out the entire episode for our discussion on settlements, finding meaning in expert witnessing, and representing nonprofits.…
In this episode… Our guest, J.W. Verret teaches Corporate Securities Law and Financial Accounting at George Mason Law School. Additionally, he is a published author, practicing attorney, and sought-after expert witness specializing in securities and corporate litigation, forensic accounting, and fraud examination. Professor Verret holds a J.D. and master’s degree from Harvard. Professor Verret advises responding to potential engagements within an hour. Even if you are the ideal expert for a matter, attorneys will reach out to other qualified candidates, and it is a race to respond first. Promptness is a virtue for expert witnesses—and that extends to the vetting process. Check out the entire episode for our discussion on mentors, lining up your credentials, and AI writing tools.…
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In this episode… Our guest, J. Mark Landrum, is the Managing Director at SOCOTEC, a TEC (testing, inspecting, and certification) firm for construction and infrastructure projects, and the owner of James Square Energy Advisors. He is a process and facilities engineering and project management expert with over three decades of experience. Mr. Landrum holds a B.S. in chemical engineering from Texas A&M University. Having other qualified experts to rely on can be a boon, according to Mr. Landrum. Whether you need a second set of eyes to look over your work, or an expert in a slightly different niche to aid you, bringing in your own team is a viable option. When doing so, it is important to set expectations and rates in the engagement contract. Check out the full episode for our discussion on time management, mock depositions, and working as an expert on arbitration actions.…
In this episode… Today’s guest, Mr. David L. Simon is the founder and president of Simon Brothers Media Consulting and Advisory firm. Additionally, he is on the board of directors for Fan Film Limited, where he has produced documentaries for film and television. Mr. Simon is a sought-after expert witness with over twenty years of experience in entertainment litigation matters. Keeping a record of everything you publish, including interviews, is the best way to avoid situations where your own words are used against you in court, according to Mr. Simon. His hard drive and cloud are “bursting at the seams,” organized with the contents of his long career in entertainment. Even when you take a consistent position on a topic, being able to refer is a boon, because the opposing side will certainly be looking. Check out the entire episode for our discussion on keeping up in a dynamic field, giving the neutral truth, and working on a team.…
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In this episode… Today’s episode is a panel discussion on the Expert-Attorney relationship. Our panelists are Professor Marom Bikson and Mr. George Reis. Professor Marom Bikson is a professor at the City College of New York, where he is the Co-Director of the Neural Engineering Group. He specializes in the effects of electricity on the human body, and his research has been published in numerous scientific journals. Additionally, Professor Bikson has been awarded multiple patents, and holds a Ph.D. in Biomedical Engineering from Case Western Reserve University. George Reis, owner of Imaging Forensics, a forensic analysis firm specializing in media including video, digital images, and photographs. He is a sought-after expert that has testified approximately 90 times, including over 50 times in court. Additionally, Mr. Reis is the author of Photoshop for Forensics Experts . Attorneys assess expert witnesses on several factors before hiring, and experts do the same. A great relationship is the intersection of compatible styles, mutual respect, and open, honest, and frequent communication. Each attorney and every case is different, making patience and flexibility key attributes for a successful engagement. Check out the full episode for our discussion on spotting red flags, staying proactive during the case, and trial team dynamics.…
In this episode… Our guest, Professor Stephen Diamond, is an Associate Professor of Law at Santa Clara University and an expert witness for law firms on a wide range of business and governance issues. He is a published author, researcher, and recipient of an SSRC MacArthur Foundation Fellowship in International Peace and Security. Professor Diamond holds a JD from Yale and a PhD in Political Science from the University of London. According to Professor Diamond, having a great deal of expertise does not necessarily correspond to being a great testifying expert witness. The ability to use your knowledge and experience to research and opine upon the specifics of the case’s unique fact pattern differentiates the two, which comes with experience. Check out the entire episode for our discussion on encouragement from attorneys, when to say “no” to engagements, and the importance of frank conversations.…
In this episode… Our guest, Dr. John Stanton, is a Professor of Food Marketing at St. Joseph’s University and a sought-after expert witness in food marketing and product development, advertising, and sales. He is in the European Retail Association’s and Private Label Manufacturers’ halls of fame. Dr. Stanton is a frequent conference speaker. He has a Ph.D. in Quantitative Methods and Marketing from St. Joseph’s University. Staying engaged in your field through work or academia is important, according to Dr. Stanton. He notes that when expert witness work is not your primary career, it is easier to say “no” to engagements you aren’t an excellent fit for, which is essential in maintaining credibility. Check out the entire episode discussing not taking anything personally, reasonable fees, and the ramifications of being published.…
In this episode... Our guest, David Smith is the president of Alpine Engineering and Design, Inc., a mechanical engineering firm specializing in product design and development. He is a licensed safety professional, professional engineer, and has been awarded numerous patents. Mr. Smith is an experienced product liability and patent expert witness, and holds an MBA and MS in mechanical engineering from BYU. Between trials and depositions, the latter can be a lot tougher, according to Mr. Smith. With no judge present to mediate, moments can become heated with table-slamming, interruptions, and off-hand comments. While not all depositions are hostile, Mr. Smith recommends knowing the case, being confident in your expertise, and relying on empirical data to prepare. Check out the full episode for our discussion on using visual aids, the importance of credibility, and building relationships.…
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In this episode… Our guest, Sameer Somal, is the CEO of Blue Ocean Global Technology, an online reputation management firm, and Girl Power Talk and Girl Power USA, a 501(c)(3) nonprofit social enterprise dedicated to empowering women leaders in developing economies. He is a published author and expert in economic damages, IP, and Internet defamation. Mr. Somal holds CPA, CFP, and CAIA certifications. According to Mr. Somal, experts should take a proactive role in creating and fostering relationships with expert witnesses and attorneys. Relationships are foundational to lead generation, expertise maintenance, and a productive working environment. With a support network of peers, it is easier to navigate the inevitable obstacles even experienced experts encounter. Check out the entire episode for our discussion on challenging depositions, collaboration, and lessons from Lincoln.…
In this episode… Our guest, Dr. Jeffrey Miller, is the Dean of Engineering and Computational Sciences at Southern Utah University. He’s a sought-after expert witness with expertise in point-of-sale systems, driverless vehicles, trade secrets, and software. Dr. Miller holds a PhD in Computer Science from the University of Southern California. According to Dr. Miller, initial phone calls will not always reveal the intricacies of the case. Beyond competence in your field, the hiring attorney is considering your demeanor, whether you will mesh as a team, and whether your opinion will be useful in obtaining a favorable judgment for the client. A confident, professional presentation is as important as subject-matter expertise. Check out the full episode for our discussion on assistants to experts, Zoom demeanor, and being unafraid to say, “I don’t know.”…
In this episode… Our guest, Michael LeRoy, is the President of Crown Capital Advisors, LLC, an investment banking, and financial consulting firm. His specialties include corporate governance, damage calculations, mergers, and acquisitions, and more. Mr. LeRoy holds an MBA in finance from USC. Judges have diverse backgrounds and skill levels, according to Mr. LeRoy. Whether in front of the SEC, state court, or even an ex-judge arbitrator, it is important to be ready for the varied styles you might encounter. Prepare, so you are not thrown off by particularly aggressive or lay judges. Check out the entire episode for our discussion about working in arbitration and the importance of solid visual aids.…
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In this episode . . . Today’s guest is Kathryn Arnold, a film production veteran and expert witness with a full-service consulting practice. With specialties ranging from economic damage to distribution, she has worked on over eighty-five cases and has over 20 years of expertise. Once you have established yourself as a respected expert witness in your field, your name carries a good deal of weight. As your name alone might drive a case toward a settlement, Ms. Arnold advises building a significant, non-refundable retainer into your engagement contracts. You have spent significant time and money to become—and remain—at the top of your field, so make sure you are compensated. Check out the full episode for our discussion on gender disparity in actions, expert teams, and the importance of independent research.…
In this episode... Our guest, Thad McIlroy is an author, consultant, and expert witness specializing in AI marketing and social media. He has published or worked on over eighteen books and five hundred articles and consulted on topics including incorporating AI, digital publishing technologies, and beyond. While there are certainly pitfalls in any nascent technology, AI is emerging as a useful tool for expert witnesses, according to Mr. McIlroy. He believes it can be a valuable research tool, when properly fact-checked, and checking for repetitive statements and logic errors. Check out the whole episode for our discussion on the joys of expert witnessing, billing concerns, and getting to know your attorney.…
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1 At the Round Table with Corporate and Securities Attorney and Expert, Richard "Richie" Leisner 44:13
In this episode… Our guest, Mr. Richard Leisner, is a senior corporate and securities transactional attorney at Trenham Law and an expert witness in high-stakes business litigation and legal malpractice actions. He has been included in Tampa Magazine's Top Lawyers List and is a published author. Mr. Leisner holds a JD from the University of Pennsylvania. During cross-examination, while getting into the rhythm of answering questions, the opposing counsel can trick you if you aren’t careful. Mr. Leisner recommends processing each question as it comes, making sure you fully understand it before answering—or asking for clarification when you don’t. Good lawyers will prepare experts for this tactic, but it is important to remain thoughtful, without slipping into automatic answering. Check out the episode for our full discussion, including hourly engagements, tracking your opinions over time, and personal conflicts.…
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In this episode… Our guest, Gregory Herman-Giddens, is a trust estate and tax attorney, president of the Trust Council law firm, and President of Trust Protector, LLC, which provides trust protector services domestically and abroad. Additionally, Mr. Herman-Giddens is an experienced expert witness and holds a JD from Tulane. Most experts in the trusts field are attorneys as well, while the retaining attorney may not be a trusts expert, according to Mr. Herman-Giddens. This presents an opportunity for the expert to help “pick apart” the opposing side’s arguments in pleadings. Attorneys appreciate experts who leverage their expertise to find these opportunities in this manner. Check out the entire episode for our discussion on billing, working in different states, and work-life balance.…
In this episode… Our guest, Jon Bond is the chief ‘tomorrowist’ at Tomorro LLC (stylized TOMORRO\\\), a virtual holding company that operates as a consultancy. With over 40 years of experience in direct marketing, Mr. Bond is a sought-after expert witness, specializing in misleading/deceptive marketing practices, telemarketing, and call centers. Communicating with a jury is a lot like pitching in the advertising world. It is crucial to communicate your opinion in a way that is easily understood by the audience, in a concise but thorough manner. While most do not have Mr. Bond’s background, everyone has purchased a product or service based on advertising, and the parallel to jurors is intuitive. Check out the entire episode for our discussion on expert expectations, storytelling, and more.…
In this episode… Our guest, Mr. Robert Borders is a longtime marketing consultant with Optimal Business Solutions, where he specializes in customer interactions and process efficiency in all aspects of direct marketing. He has assisted customers in a broad range of industries, ranging from entertainment to healthcare, and beyond. Mr. Borders is an experienced expert witness, with over 30 years of experience. Experts have the opportunity to aid in the discovery process, because they possess industry experience “beyond the ken” of laypersons, according to Mr. Borders. Attorneys do not always know what they don’t know , and therefore, may have missed an opportunity to discover evidence that the case may turn on.…
Our guest, Dr. Nasser Heyrani, is a Harvard Fellowship-trained, board-certified orthopedic surgeon. He is a published contributor to numerous academic studies, a speaker at national conferences on stem cell regenerative therapies for orthopedic injuries, and an expert witness. Dr. Heyrani holds an MD from UCLA. In this episode . . . Orthopedics, like other medical fields, is rapidly advancing, and it is impossible to absorb every study, journal, and technique. While keeping current is crucial, Dr. Heyrani notes that there is a great deal of pressure to publish, creating a situation where experts need to be selective when choosing the best sources for enhancing their knowledge. Check out the full episode for our discussion on preliminary calls, changing technology, and breaking down complicated concepts for more understanding.…
In this episode… Our guest Glenn Bierman is the founder of Tycon Partners, a full-service management consulting advisory firm. He is an experienced expert witness with over 30 years of experience in a range of capital markets matters, both at trial and in alternative dispute resolution. A picture is worth a thousand words, and Mr. Bierman, a former kindergarten teacher, observes that visual aids are a boon to laypersons, whether children or adults. He prepares his own visual aids to quickly present information in a digestible manner and has had success in doing so. Check out the full episode for our discussion on experts in arbitration, billing, and double-checking your work.…
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Engaging Experts
1 At the Round Table with Health and Safety Expert, Jonathan Klane 1:00:01
1:00:01 Später Spielen Später Spielen Listen Gefällt mir Geliked1:00:01
Später Spielen Später Spielen Listen Gefällt mir GelikedIn this episode… Our guest, Johnathan Klane, is the Senior Safety Editor for Lab Manager Magazine, where he writes about risk, persuasion, story science, and more. He is an experienced expert witness and a Ph.D. candidate in Human and Social Dimensions of Science and Technology at Arizona State University. According to Mr. Klane, humans have evolved to best understand and internalize data in the context of stories. Through this inane connection, expert witnesses can use storytelling to express their opinions to judges and juries more persuasively. Check out the whole episode for our discussion on effective communication, including metaphors, anecdotes, and the role of levity in court.…
In this episode… Our guest, Dr. Charles Parekh, is the managing director of NERA Economic Consulting, where he lends his experience in economics to high-stakes litigation, arbitration, and regulatory settings. He has over 20 years of expert witness experience and holds a PhD in public finance from New York University. The best engagements require that everyone is on the same page before getting started, which is why Dr. Parekh recommends carefully crafting engagement contracts. He cautions against working on contingencies, which can put experts in a financially tenuous position, as well as indemnity clauses, which may show a lack of good faith. Check out the entire episode for our discussion on the changing expert witness landscape, working in trial teams, and academia vs experience.…
In this episode… Ms. Oyomba is the founder of VOE, a full-service marketing consultancy, specializing in social media strategy, thought leadership, and content creation. With over 15 years in advertising, she has helped propel a variety of clients ranging from Fortune 500 members to boutiques. Ms. Oyomba holds a master's in advertising from Syracuse University. LinkedIn is the primary social platform for expert witnesses to present their education, experience, and accomplishments. A complete profile is crucial, according to Ms. Oyomba, as LinkedIn’s algorithm is more likely to suggest posts and locate users with fully filled-in pages. From quality photographs to catchy, evocative taglines, attorneys are more likely to contact experts who put their best foot forward. Check out the entire episode for our discussion on LinkedIn’s privacy settings, SEO tips, and growing your network.…
In this episode… Our guest, Progressor Gregory Ogden, has over 40 years of teaching Civil Procedure, Administrative Law, Remedies, and Legal Ethics at Pepperdine University. He is a published author, consultant, and public speaker. Professor Ogden holds a JD from UC Davis. Expert witness reports are shaped partly by the venue. Professor Ogden works in California, where expert reports are seldom used, and in federal, where they are. He prefers to use them, as they clearly outline the topics that may come up during trial and require much less memorization. Professor Ogden works with his attorney to hone the report for content and style to ensure everyone is organized and prepared. Check out the full episode for topics including AI in expert witness work, the differences between consulting and testifying experts, and effective communication.…
In this episode… Our guest, Professor Jorge Contreras, is an award-winning legal scholar and professor of law at the University of Utah. He teaches transactional law, which he practiced for over 17 years before teaching. Professor Contreras is a published author and sought-after expert witness and holds a JD from Harvard. While it is important to maintain solid communication and work with the engaging attorney during the report-writing process--be aware that some attorneys may try to nudge experts to write in a way that furthers their case, rather than present a neutral opinion. Professor Contreras recommends proactively questioning your attorney throughout the process. Check out the entire episode for our discussion on report writing strategies, working as an expert in foreign courts, and the importance of building great relationships with hiring attorneys.…
In this episode... Today’s guest is James Lewis, owner of Total Transportation Training, LLC and Valley Automotive Consulting. He is a published author, public speaker, and expert witness with over 12,000 written opinions in 800 trials. Mr. Lewis holds a master’s in education from the University of Maryland. It is important for expert witnesses to develop a thick skin, and let the opposing side’s attacks roll off. After the first couple of cases, Mr. Lewis recalls the realization that cross-examination is not personal, rather, attorneys are simply representing their client to the best of their abilities. He notes “It took me a while to realize they were just doing their job. Their job [. . .] was to advocate for their client. No matter what area of expertise you choose to work as an expert, you have to understand that they're going to ask tough questions.” Check out the full episode for our other discussion topics, including taking retainers, credibility, and using technology.…
In this episode… Our guest, Keith Mallinson is the Founder and President of WiseHarbor, a wireless industry analysis and consulting firm. He is a writer and industry-leading authority in mobile communications, with over twenty years of expert witness experience. Mr. Mallinson holds an MBA from London Business School. The work of expert witnesses is important, and Mr. Mallinson considers the oft-maligned system of litigation in the United States to be essential. He considers the work of experts to be a bulwark against abuse, especially in the antitrust and IP areas of law. Listen to our full discussion for topics including working with different styles of attorney, engagement contracts, and coordinating with other expert witnesses.…
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Engaging Experts
Our guest, Dr. Ellen Leggett is the Founder and President of Leggett Jury Research, a national jury trial consultancy. An original advocate and developer of the psychology-based approach to working with juries, she is a well-published leading expert in her field. Dr. Leggett earned her master’s and doctoral degrees in psychology and education from Harvard University. In this episode… Dr. Leggett works with experts to improve their performance in front of juries. She elaborates on her role, “What that involves is my reaction to their likeability, credibility, and ability to be persuasive. I become the first juror sitting in a session with the expert. I always say, ‘I'm your first juror and I have a doctorate from Harvard. If I don't understand what you're talking about, you've got no chance with the jury.’” Check out the complete episode for our discussion on empowering experts, jury perception, and the importance of practice.…
Our guest, Dr. Stephan Athan is the owner of Athan Engineering, a full-service engineering consulting firm. He is a sought-after expert witness with a wide range of engineering expertise including patent infringement, invalidity, and technical domestic industry products. Dr. Athan holds a Ph.D. in Electrical Engineering from the University of South Florida. In this episode… In actions that go to trial, the jury’s perception is everything, according to Dr. Athan. We discuss the importance of communicating technical topics using understandable analogies and maintaining credibility by connecting with jurors. Check out the entire episode as we explore “smoking gun” moments during trial, collaboration, and receiving honest feedback.…
Don Parent is the founder of Parent Technology Group, LLC, a mechanical and electrical engineering consulting and expert witness firm. He is a Licensed Professional Engineer with over thirty years of experience and has been awarded over two dozen US and International patents. Mr. Parent holds a master's in mechanical engineering from Stanford. In this episode… Mr. Parent refers to a solid working relationship between expert and attorney as a “positive feedback loop,” noting that the inquisitive nature of attorneys and his engineering background are complementary forces. Experts who absorb some of the legal complexities can better intuit where questioning may lead, and answer accordingly. Similarly, attorneys can leverage a deeper understanding of the subject matter into a more comprehensive representation for clients. Check out the whole episode for our discussion on representing plaintiffs vs. defendants, scene graphics, and the role of neutrality.…
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Engaging Experts
Our guest, Professor Michael Risch is the Vice Dean at Villanova’s Charles Widger School of Law, where he is a well-published author in IP and Internet Law in numerous law journals and has a full-service IP consultancy. Professor Risch holds a J.D. from the University of Chicago, and an A.B. from Stanford. In this episode . . . Keeping legal conclusions out of expert opinions is an important skill, according to Professor Risch. This is significantly more difficult for attorneys who become expert witnesses, but it is crucial, regardless of background. Opposing counsel will jump at the opportunity to impeach legal conclusions couched as expert opinions, he advises. Tune in for the full episode, including our discussions on levity in the courtroom, consistency, and relatability in court.…
In this episode... Today’s guest, Paul Sibenik is the CEO of CryptoForensics Investigators, a blockchain forensic accounting firm. He is an expert in numerous areas ranging from investment fraud to ransomware and has over five years of expert witness experience. Mr. Sibenik has a BA in Political Science from York University. When drafting an expert witness report in a cutting-edge field like crypto, Mr. Sibenik always summarizes key points by analogy, as often judges and other parties to the proceeding are laypersons. Additionally, he notes that not everyone will read the middle of a report, so it is crucial to have a solid introduction and conclusion which set the foundation for testimony. Check out the full episode for our discussion on setting up expectations during the initial interview and staying tuned in to your field of expertise.…
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Engaging Experts
Our guest, Stephen Pope is a software developer, IP expert, and consultant through FASTLab, where he develops advanced multimedia and AI software for a variety of applications. He has over 25 years of experience as an expert witness, and over 100 published technical papers. Mr. Pope holds a BS in Electrical Engineering from Cornell. In larger cases, it is not uncommon to work on a team with other expert witnesses. Mr. Pope notes that while each expert has a particular part to play, often, not every expert will testify. It is therefore crucial that the testifying experts work with consulting experts to get up-to-speed on the report. Check out the full episode for our discussion, which includes the two-way vetting process, having sufficient experience, and working on both the plaintiff and defendant side.…
Our guest, Mike Favetta, is the owner of WeatherPrep LLC, a meteorology consulting firm. He has over sixteen years of broadcast experience and is an expert in meteorology, climatology, and environmental matters. Mr. Favetta holds a BS in Atmospheric Sciences and Meteorology from Keane University. Expert Witnesses need to be on the same page as their engaging attorneys before putting pen to paper. Mr. Favetta advises addressing the scope of the initial call and revisiting it throughout the process to avoid wasting time on superfluous matters and keeping within budget. Check out the full episode for further discussion on initial forays into expert witnessing, demeanor in court, and mentoring.…
Dr. Edwin Hernandez is the founder of both EGLA Corp, a full-service IP and Tech consulting firm; and EGLAVATOR, a tech incubator. He is an expert in artificial intelligence (AI) and wireless software and serves on multiple IEEE boards. Dr. Hernandez holds over a dozen patents, and a Ph.D. in Computer Engineering from the University of Florida. In this episode… Our guest, Dr. Edwin Hernandez, is active in multiple fields of expertise that have established him as a proficient expert witness. Attending conferences and industry events, reviewing technical papers, and investing in the future through his own initiatives, helps keep him well-informed in very dynamic pursuits such as AI and machine learning. Knowledge is important, and in the fast world of tech, staying current is key. Check out the full episode for our discussion on collaborating with expert teams, sticking to your report, and the intersection of technology and expert witness work.…
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Engaging Experts
In this episode… Our guest, Professor Rand Decker teaches Civil Engineering, Environmental Engineering, and Construction Management at Northern Arizona University. He is the author of numerous scholarly works on cold environment engineering and has over thirty years of experience in expert witnessing. Professor Decker holds a Ph.D. in Cold Regions Engineering from Montana State. Professor Decker finds that engagements are far more successful when attorneys and expert witnesses work together to fill knowledge gaps, ultimately weaving a more effective advocacy for the client. He explains, “I think it's important for the attorney and the experts to agree on the meta questions behind the technical issues and the litigation, because once you agree on the foundational issues, then it's sort of hard to fall off the edge of the world because you can get those established early on.” Be sure to check out the whole episode, for our discussion on expert niches, the public good, and demonstrating expertise.…
Dean Barron is owner of twobluecats.com, a full-service statistical analysis consulting firm with a broad range of specialties, ranging from regression analysis to Ph.D. thesis preparation. With over 25 years of experience, he is a sought-after expert witness and published author. Mr. Baron holds an MS in statistics from Cal State Long Beach. In this episode… Time management starts with an understanding between the expert witness and the engaging attorney. Mr. Barron sets up expectations beforehand by directly asking what the expected hour count is, taking into account the amount of time available before the report is due. Tight time frames can be overcome with proper planning and possible extensions, he notes. Be sure to check out the entire episode for our discussions on organization, the importance of academic achievement, and small details with big impacts on cases.…
John Catlett owns J.D. Catlett Consulting, LLC, a full-service building and fire code consulting firm. He has over thirty years of experience in management, training, proposals, implementation compliance and more. Mr. Catlett has worked as a fire marshal, maintenance code official, and building plan reviewer and is a sought-after expert witness with over a decade of experience. In this episode... Mr. Catlett, advises a “three-p approach” to depositions and trials: “prepare, prepare, prepare”. Needing to refer back to your report as little as possible, establishes an air of preparedness and authority over the material and shuts down many of the opposition’s potential avenues of attack. There can be long delays between writing reports and depositions or trials, so Mr. Catlett recommends rereading case materials as important dates approach. Be sure to check out the entire episode for tips on vetting, getting experience in the courtroom, and shifting expert roles.…
Our guest, Dr. Istvan Jonyer, is founder of Sidespin Group, an Expert software analysis and business strategy services company. He is an inventor, scientist, and entrepreneur with a focus on machine learning, AI, augmented reality, and other emerging technologies. Dr. Jonyer has a Ph.D. from the University of Texas and an MBA from Carnegie Mellon. In this episode . . . Not all attorneys are subject-matter experts themselves, and they may rely on their expert witnesses to get a technical overview. Our guest, Dr. Istvan Jonyer, recommends that experts use initial calls to get a feel for an engaging attorney’s potential knowledge gaps, so as not to waste a lot of time explaining, or overexplaining opinions before writing reports or developing deposition strategies. He shares an example where he spent a significant amount of time explaining the technical details of his opinion, only to realize afterward that it went over the attorney’s head. Check out the complete discussion for topics including expert relevance, understanding when communications are privileged, and retainers.…
Professor Gil Fried is the Interim Assistant Dean at the University of West Florida, where he teaches Sport Management. He is the founder of Gil Fried and Associates, a full-service risk management firm operating in the sport and fitness industries. He is a published author, and a recognized expert in stadium safety, risk management, sport finance and analytics. Professor Fried holds, a JD from Ohio State. In this episode… Academic achievement may be a critical aspect of expert witness’ credentials, but Professor Fried believes that there is no substitute for continuing work in your field. While he teaches, he is an active member of multiple industry associations, and conference speaker. Maintaining an industry perspective works in concert with academia; this potent combination increases an expert witness’s opportunities, credibility, and value to clients. Listen to the complete episode for our discussion over a story approach to juries, choosing cases that match your expertise, and setting expectations…
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Engaging Experts
Our guest, John Lauhoff owns an industrial and construction consulting firm specializing in litigation support. He is a registered Professional Engineer and Certified Safety Professional, with over 25 years of experience. Mr. Lauhoff is a sought-after expert witness, with engagements across 21 states for both plaintiff and defendant. In this episode… At the beginning of a case, expert witnesses often face a large infodump from the engaging attorney. It is important to thoroughly go over everything before beginning the report writing process; if the attorney sent it, it’s there for a reason. Mr. Lauhoff takes notes on all documentation, and brings them to trial: I read everything that an attorney sends me; absolutely every word. [. . .] [The attorney] wants me to read it. So I read it, and I take notes on it [. . .] and I take them to any deposition that I go to. You're also permitted to take them to trial if you're going to testify; [. . .] they're not a test of memory. Additionally, Mr. Lauhoff talks about how opposing attorneys will try to get you rattled, the importance of tracking code changes, and the way expert witnesses can affect public policy.…
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Engaging Experts
Our guest, Dr. Laura Miele, is the owner of Mind Over Body Athletics, LLC, a fitness inspections and forensic consulting firm. She is an expert in facility operations, physical education, supervision, coaching, operations, emergency preparation, and more. She is a professional presenter, author and sought after expert witness with over 10 years of experience. Dr. Miele holds a PhD in psychology. In this episode . . . One trait that all great experts have in common is a thirst for knowledge. Even the most seasoned, experienced experts are constantly learning. Dr. Miele recommends staying active in your field; she does so through a combination of research, coaching, and speaking engagements. Additionally, she advises staying current with professional credentials, which require a current knowledgebase. Check out the full episode for tips on preparing for opposing attorneys’ strategies, staying in your expert wheelhouse, and the ingredients to a great attorney-expert partnership.…
Our guest today, Dr. Jeffrey Buckholz, owns Buckholz Traffic, a full-service traffic engineering consultation firm. He is a nationally recognized expert in traffic signal operation, timing, design, and construction. Dr. Buckholz has participated in over 200 cases with engagements including both depositions and trial work and holds a Ph.D. in civil engineering from the University of Florida. In this episode... Our guest today, Dr. Jeffrey Buckholz, owns Buckholz Traffic, a full-service traffic engineering consultation firm. He is a nationally recognized expert in traffic signal operation, timing, design, and construction. Dr. Buckholz has participated in over 200 cases with engagements including both depositions and trial work and holds a Ph.D. in civil engineering from the University of Florida. In this episode, Dr. Buckholz addresses rebuttals to initial expert reports which can make up a significant portion of expert witnesses’ engagements. For example, when working for the defense, Dr. Buckholz suggests waiting until the opposing expert’s report is produced before he begins to work on his rebuttal report – that way he knows exactly the issues he is targeting and the client isn’t spending money for unnecessary work. For more tips from Dr. Buckholz, listen in.…
Today’s guest, David Gannaway, is a principal at Bederson LLP, a full-service accounting and auditing firm. He is a former IRS Criminal Investigation Special Agent with 20 years of experience analyzing complex accounting, financial, income tax, asset forfeiture, and money laundering transactions across multiple business sectors including construction, healthcare, entertainment, and professional services. Mr. Gannaway holds numerous certifications, including CVA, CAMS, CFE, EA, and more; and holds an MBA from Fordham University. In this episode… Some of the most successful expert witnesses concentrate on a specific niche. Knowing what you know, and more importantly, what you don’t know is critical when providing a reliable opinion. Mr. Gannaway recommends an extremely focused approach to expert witnessing: "Well, the main thing is [. . .] staying in your lane, and not going outside of that [. . .] being comfortable with the area of expertise that you have and then knowing if there's anything that's changing in that area to be aware of [. . .] so that you're not making any mistakes along those lines. [W]hat you really have to focus on, is being laser-focused on the areas that you're qualified as an expert in." Our conversation moves to researching the opposition team, simplifying reports for the audience, and getting on the same page with the engaging attorney.…
Thomas McCloskey is a Litigation Consultant for The Insurance Expert Network. He has testified in over two hundred cases and is a sought-after expert for policy interpretations, insurance company operations and standards; and claims handling. Mr. McCloskey is a contributing author to several training materials including tax industry publications and courses and is a certified Chartered Property Casualty Underwriter (CPCU). In this episode… Whether a consulting or testifying expert witness, it is crucial to understand the underlying case. When giving testimony, or responding to the engaging attorney’s questions, a solid foundation is crucial. Our guest, insurance expert, Thomas McCloskey notes: Now both [consulting and testifying expert witness engagements] require me to do the same steps. I need to see the file material. I need to read it, annotate it, internalize it, and be prepared to be asked anything within the four corners of the litigation. So, it is a lot of reading and a lot of note taking. To get prepared I need to know the case as well as, and sometimes better than the attorney. He continues: I start [by] first reading all the filings with the court, and I make notes on who's doing what [. . .] Then I look at the proofs that they have submitted to the court to see if I agree or disagree. And the whole time I've got my trusty legal pad next to me with a pen, and I'm writing questions. ‘Who did this?’ ‘Why are we doing that’? ‘Why did you do that?’ That sort of thing [. . .] I have to put myself in the position of actually being in the middle of the litigation. Our conversation includes bringing in experts early enough, when to leave an engagement, and avoiding “customer golf.”…
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Engaging Experts
Our guest, Dr. David Williams, is the owner of David T. Williams and Associates, a water resources consulting firm. He holds professional engineering licenses in eleven states and certifications in hydrology, floodplain management, erosions, and sediment control, among many others. He has authored over 100 technical papers and has over forty years of experience as a consulting and testifying expert witness. Dr. Williams holds a Ph.D. from Colorado State University. In this episode… While an attorney’s objective is to prevail, the expert witness’s objective is to present an accurate, uncompromised opinion. Dr. Williams removes winning from his calculus to provide an honest, reliable opinion: "I don't look to win (or lose) because that's not what you're supposed to do. You're not supposed to [care about] how many accolades or wins you have . . . Just explain the science behind it all so that the jury and the judge are the ones who decide who ‘wins or loses’ because you should not have a stake in it. " This philosophy means that judges and juries find expert testimony compelling. Additional topics include a diverse approach to witnessing that includes working with plaintiffs and defendants, staying organized, and levity in the courtroom.…
Our guest, Dr. Howard Maibach is a dermatologist specializing in allergic skin disorders and toxic exposure. He has served on the editorial boards of more than thirty scientific journals, and he is a member of 19 professional societies including the American Academy of Dermatology, the San Francisco Dermatological Society, and the International Commission on Occupational Health. Dr. Maibach has a Medical Degree from Tulane and is an extremely experienced and sought-after expert witness. In this episode . . . Attorneys choose expert witnesses to reinforce their case, but Dr. Maibach sees an additional opportunity to promote public policy at the same time. One of his engagements impacted a Supreme Court decision: In [my] case, I didn't have a deposition, but the case went through the testimony. It went through an appellate court, and it ended up in the Supreme Court. And I'm very happy I did that one because the result was the government scientists proved their point . . . so it is public policy and that was worth any of the trouble that was involved. Similarly, he chooses cases that have the largest impact. When deciding whether to accept an engagement, he considers: Is any of this likely to affect public policy? If it affects public policy and is likely to get to a higher court, I'm very much more interested . . . I only want to support the fair side of the story, I don't want to make up stories . . . [I]f I can figure that out in the first call, I'm delighted. Additional topics include getting worn down by opposing council, preparing using self-cross examination, and the importance of repetition.…
Our guest, Dr. David Bizzak, is the president of Romualdi Davidson & Associates, a full-service forensic engineering firm. He specializes in automotive forensics including vehicle fires, defects, and property loss; and has been an expert witness for over thirty years. Additionally, he is a certified investigator for the National Association of Fire Investigators, is a registered engineer in four states, and holds a Ph.D. and MS in Mechanical Engineering from Carnegie Mellon. In this episode… Newer experts benefit from mentorships and observing cases in a courtroom setting, according to our guest, Dr. David Bizzak. Watching experts communicate in front of juries is a valuable and free learning tool, as he states, "Go into a courtroom and watch somebody get tested, so you [can] see the interaction with both attorneys during direct and cross-examination, as well as the interaction with the jury, because the juries [are] making the decision." Our conversation goes on to address niche vs. breadth of expertise, quickly assessing the merits of a case during the vetting process and bringing in experts early enough in the case to be fully effective.…
Our guest, Paul Andersen, is a Hazard Analysis Safety Engineer for OSHA Compliance Services and is one of the foremost experts in Cal/OSHA compliance. With over three decades of expert witness experience, he is sought after by plaintiff and defendant sides for his depth of knowledge in matters ranging from slip-and-falls to comprehensive inspections, across numerous jurisdictions and industries. In this episode… Mr. Andersen’s mantra is “trust but verify.” In his line of work, rules, and standards often incorporate by reference other, ever-changing rules and standards. It is not enough to simply understand the regulatory framework to remain an expert, but also the underlying changes. Cases can turn on this, as Paul emphasizes, “Sometimes I'm involved with the case, and right away I recognize [a] standard that's no longer liable or no longer appropriate. So, you must be on your game of trust, but verify.” Additional topics include the importance of working within a niche, storyboarding for preparation, and having a mentor.…
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Engaging Experts
Our guest, Professor Marom Bikson is a professor at the City College of New York, where he is the Co-Director of the Neural Engineering Group. He specializes in the effects of electricity on the human body, and his research has been published in numerous scientific journals. Additionally, Professor Bikson has been awarded multiple patents, and holds a Ph.D. in Biomedical Engineering from Case Western Reserve University. In this episode... Expertise is not an all-or-nothing proposition. There will be engagements where you have the necessary core of knowledge to form an opinion, but you may not be an expert on every facet of the case specifics. Professor Bikson notes that honest communication with the attorney during the initial call allows for a realistic assessment. Other topics include countering intimidation tactics during cross-examination, taking your time when answering questions, and remaining flexible with the dynamic, changing nature of an engagement.…
Our guest, John Hughett is the founder of Hewitt Engineering (HTI), a full-service consulting firm for the oil and gas industry. HTI has been in operation for over thirty years and maintains a worldwide client base, including some of the world’s largest petroleum companies. Mr. Hughett has over thirty years of industry expertise and is a sought-after expert witness. In this episode… Adaptability and the ability to communicate complex technical topics in a digestible manner are keys to a successful engagement as an engineering expert. Whether across state lines or continents Mr. Hughett’s clients rely not only on his expertise but his client-first approach. He states, “One of the things that I try to get through is I'm here to help you, not the other way around." Mr. Hughett recommends that attorneys bring in experts early in the process to get the most out of an engagement to avoid missed opportunities, as he points out, “The disadvantage from their side is this: I could have helped them during the deposition by framing questions for them, which I do very regularly.”…
Dr. Jill Cramer, is a board-certified neurologist, and the founder of the Roanoke Area MS Center. She is a sought-after expert witness with decades of experience. She holds an MD from Georgetown and a BS in Neurobiology from Cornell. In this episode . . . Dr. Cramer points out the “nice guy” strategy during cross-examination stating, “Some of them will try to lull the expert into a sense of ‘I am just a nice person. I am on your side.'" She continues “. . . you cannot bait me . . . [I] just answer the question, give my opinion.... so that the discussion is not derailed by a super sweet or a snarky cross-examiner.” Additional topics include cross-examiners and the importance of winning and getting experience on both sides. She offers up this advice, “Make sure that you work for the defense and plaintiff. This makes you a better-rounded witness, and it helps you to understand both sides of [cases] you are in.”…
Our guest, Stanley Gibson, is a trial attorney at Jeffer Mangels Butler & Mitchell LLP, where he focuses on IP and entertainment. He has over three decades of litigation experience and engages multiple expert witnesses in most actions. Mr. Gibson holds a JD from Duke. In this episode… Mock examinations are key to witness preparation, according to Mr. Gibson, “. . . I will have another attorney at my firm play the other side and do cross-examination for my expert, so they're not used to the person.” He continues “. . . I think that process is very important to get the expert prepared properly. You want to make sure they are going to defend their opinion, and that they understand the best ways to do that.” Other topics include ethics, confidentiality, and the vetting process. Stan emphasizes, “[I look for] someone who communicates well and is going to do a good job in testifying in front of the jury. [They should] be a good teacher and be clear and precise in what they are saying. I also think it is important that you like the expert you are working with.”…
Our guest, Stephen Embry, is a lawyer and the Past Chair of Law Practice Division of American Bar Association. His blog, TechLaw Crossroads, investigates the tension between innovation and the legal profession. Mr. Embry’s practice frequently engages experts across multiple disciplines and locations. In this episode… According to Mr. Embry, the best experts are relatable, as he explains, “[being] likable and communicative and empathetic comes through. . . with me as the lawyer and it shows the jury that this person likes doing what they're doing.” He continues, “A good expert cultivates being an interesting person . . . in the sense of being out in the world [and] knowing what's going on”. Other topics include the vetting process, collaboration and boundaries, and credibility. Stephen mentions, “If you have to admit something in a deposition, admit it . . . Don't spend your time fighting something that that's not worth fighting over [because] you lose credibility. The most important thing for an expert is to be credible.”…
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Engaging Experts
1 At the Round Table with Corporate Finance and Securities Valuation Expert, Dr. Elliot Fishman 28:01
Our guest, Dr. Elliot Fishman, is the founder and CEO of Astrina, Inc., an economist, and a sought-after expert witness. Dr. Fishman holds advanced degrees including an MBA from Wharton and a PhD from the University of Pennsylvania. In this episode . . . As a former finance professor and partner of a private equity fund, Dr. Fishman offers discerning opinions reflecting a unique combination of financial theory and customary industry practice. He’s worked on very big cases starting with a derivative to the $83 billion Madoff securities fraud. He recounts how he was brought in to review an earlier expert witness report on the Madoff-related case, stating, “I put on my college professor’s hat and found some issues with how the report was read. I suggested a different way of looking at it.” He elaborates, “ . . . even though they [previous experts] came from big firms, they could not look at it the same way I was able to as both a college professor and having practiced on the street portfolio. Economics is not merely an accounting exercise. It is not merely a corporate finance exercise. You need to understand how the securities are issued, to whom they are issued, and how they are issued to apply the appropriate discounts." Other topics include preparation, staying current in your field of expertise, when to say “no” to a case and how to present yourself as an expert in the best manner. When asked for any advice to new experts, he states, “Yes, something comes to mind with that question and that is to persevere . . . You are going to have many setbacks and many detractors early on in your career, and you are going to get passed over for many assignments where you think you are qualified. Keep your name out there, do good work, and do some pro bono work. If it gets your name in circulation, it is all worthwhile.”…
Our guest, Dr. Hervey Segall, is a Professor Emeritus of Radiology for the University of Southern California. He maintains a full-time teleradiology practice and is an expert in multiple fields, including pediatric neuroradiology. Dr. Segall holds an M.D. from the University of British Columbia. In this episode . . . We sat down with Dr. Hervey Segall, a radiology expert. Topics in this episode include maintaining expertise, ethics, and research. Dr. Segall recommends a simple solution when conducting research and maintaining expertise. He states, “There's nothing more helpful than Google. Anything you want to know . . . just go to the web.” He adds, “You have to maintain a curiosity [and] continue to educate yourself and grow. There are a lot of people who do the minimum . . . but I like to go beyond that to be a real expert in everything that I do.”…
Terry Stroud, MBA is a Co-Founder and Chief Executive Officer at Opportunity Group, a full-service consulting and business advisory firm. Mr. Stroud has worked for the United States Treasury as a National Bank Examiner, and a financial consultant, and has decades of experience as an expert. In this episode . . . Our guest, Terry Stroud, is one of the co-founders of Opportunity Group and serves as the Chief Executive Officer for the firm. In this episode, he highlights how preparation is the key to a successful engagement according. He states, “You've got to be prepared. Study your notes, study everything that the lawyers have given you, all pleadings, all depositions, every document.” A back-and-forth approach further aids in preparation. Other topics include vetting engagements, staying current, and ethics as he explains, “I cannot determine the guilt or innocence of anyone. Here are the facts. The person who decides the innocence or guilt is the judge or the jury. Not me.”…
Our guest, Michael Primeau, is the owner of Primeau Forensics, a firm specializing in the enhancement, authentication, and recovery of audio, video, and images, and has over eight years of experience as an expert witness. In this episode… Mr. Primeau believes it’s important to only answer what is asked, “I've learned over the years that you never want to . . . try to follow where the attorney is going, whether that be on direct or cross. You want to just answer the question.” Furthermore, he states that a good attorney can provide cover to minor mistakes “. . .the attorney that has retained us is going to clean that up on redirect; you don't have to necessarily worry about [small mistakes]”. Additional topics include preparation, ethics, and report writing, as Michael states, “We don't let our clients influence opinions. But the way things read; we can.”…
Our guest, Lisa Barnes is the owner and appraiser at Rare Art Appraisals and Art Consultancy. She specializes in appraising a wide range of items ranging from fine art to fine wine. She has nearly three decades of appraisal experience and is a sought-after expert witness. In This Episode . . . Ms. Barnes believes that the way an expert presents information is as important as the information being presented, explaining, “You need to be very simple and appeal to people [with] your language, your body posture.” She goes on, “When one simplifies it as an expert . . . you will be able to win. You [have to] know the people that you're trying to appeal to.” Other topics include intimidation in the courtroom, the expert-attorney relationship, and the importance of being on the ‘winning’ side of an engagement.…
Dr. Alice Berkowitz is a clinical and forensic psychologist specializing in Parental Alienation. She runs Families Reunited, an intensive reunification program, and is a member of the editorial board for the Journal of Psychology and Clinical Psychiatry. She is a sought-after expert witness and holds a PhD from USC. In this episode… Dr. Berkowitz uses a novel technique to lighten the mood during depositions, stating, “I find that injecting some humor when you can as an expert always helps when you are getting started.” She notes, “It just makes light of things, and it helps me relax.” Additional topics include mentoring, avoiding chargebacks, and stalling. When Dr. Berkowitz needs a moment to collect her thoughts, she advises using these phrases, "Could you repeat that again?" or "I'm sorry, I don't understand what you mean. Could you ask that again?" She continues, " . . . I quickly learned that those were tools I could use.”…
Our guest, Dan Arthur is the Founder, President, and Chief Engineer of ALL Consulting and Energy, an industrial consulting firm. He is a registered engineer in 35 states, a published author, and a sought-after expert witness. In this episode… Dan remarks that getting the best result doesn’t always mean winning, “There's a lot of times it's not even about winning or losing . . . You want to do the best you can. Sometimes it's not up to [you]”. Other topics include ethics, continuing education, and vetting clients.…
Our guest, Dr. Joseph LaViola, is a professor of computer science at the University of Central Florida, and the Director of the Interactive Computing and Experiences Research Cluster. He is the founder of Fluidity Software and JJL Interface Consultants and a senior member of ACM and IEEE. In this episode… Professor LaViola recommends sticking to the report during a deposition to avoid getting tripped up with leading questions: “You have your report in front of you and that's sort of your Bible . . . you're there to talk about what's in your report.” Other topics include conflicts of interest, remaining an expert in a dynamic field, and the importance (or lack thereof) in winning, as LaViola states, “I tend to not look at whether the case is won or lost. Many of the cases that I've been on . . . at the end of the day, I'm looking for things that I feel I can contribute to.”…
Our guest, Edward Yee, is the owner and senior appraiser at Penelope Dixon and Associates. He is an executive board member and president of the Appraisers Association of America, and a board member of the Photography Collection Preservation Project. He is a renowned expert in photography appraisals, archive valuation, and copyrights. In this episode… “It's important to be calm. Remember your audience. You're there as an expert witness,” remarks Edward on the topic of demeanor in court. Additional topics include staying current in your field of expertise, witness expectations, and responding to opposing counsel.…
Our guest, George Reis, owner of Imaging Forensics, a forensic analysis firm specializing in media including video, digital images, and photographs. He is a sought-after expert with dozens of engagements in the US and abroad. Additionally, Mr. Reis is the author of Photoshop for Forensics Experts. In this episode… Cross-examination prep is important, according to Mr. Reis, “[the attorney] prepped me by asking rapid-fire questions . . . No time to get a break. No time to think.” He advises, “I do find sometimes I begin to talk fast, and I try to just remind myself, slow down a little bit.” Additional topics include continuing education, turning down cases, and being humble. Mr. Reis recommends, “ . . . knowing what you know and what you don't know . . . when you're writing a report, don't include something that you don't know.”…
Our guest, Craig Schlumbohm is the president of Pacific Construction Analysts, Inc., a full-service construction consulting firm specializing in post-mortem cost analysis of construction projects. He is a sought-after expert witness in the construction field with decades of experience. Mr. Schlumbohm holds a B.S. in Civil Engineering from San Diego State. In this episode… Topics include assessing cases and attorneys, as Craig states: “. . . if the attorney doesn't have a good handle on the case, it's hard for you to be a good expert.” Craig continues, “We don't take everything . . . there have been firms . . . that were asking us to do things that either we were uncomfortable with, or they had unreasonable expectations.” Additionally, we go over friendly relationships with opposing experts, being on the losing side of a case, and realistic expectations, on which Craig asserts, “If the starting point is ‘the Titanic didn't sink’ you have problems.”…
Our guest, Jean Acevedo, is the owner of Acevedo Consulting. She is a licensed healthcare risk manager, certified professional coder, and is a sought-after expert witness for matters of fraudulent billing and overpayment appeals in the medical profession. In this episode… On vetting engagements, our guest, Ms. Jean Acevedo, notes “How do you vet to make sure that you don't take something that's a losing battle . . . because you don't want to find yourself two months in where you've wasted somebody's time and money.” To which she recommends, “make sure you're comfortable with what you're an expert [on]” and “know where you are not an expert.” Additional topics include dealing with pushy attorneys, report writing, and taking a proactive approach to engagements, where she notes, “I've learned that I need to be curious . . . and not assume that because something wasn't stated by the lawyer, that it doesn't apply . . . it's up to the expert to know what he or she needs and to voice it.”…
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Engaging Experts
In this episode… Our guests, Jonathan and Erik Bernstein own Bernstein Crisis Management, Inc., which has been providing business continuity, reputation, and crisis management services since 1994. Today, we explore the challenges for, and techniques available for newer expert witnesses. On communicating with non-experts, Erik states, “I think it's important to use technical terms when they're the only term that applies, but I think it's very important and it's something we preach to clients, is a layperson needs to be able to understand. . .” Jonathan adds “. . . some judges are very critical of certain types of language.” We also cover connecting with new clients, the importance (or lack thereof) of academic credentials, and advertising expertise through publication, as Jonathan remarks, “[if] you want to be an expert, write a book. Then you're an expert . . . That's the way the public sees it. Or write a thousand blog posts on it.”…
In this episode… Our guest, Bill Gervasiis the principal systems architect at Nantero, a hardware innovator specializing in DRAM development. Additionally, Mr. Gervasi is a board member at Bridge to Connect, a non-profit that aids in developing first-generation STEM students. He has over 45 years of experience in computer systems design and analysis and is a highly sought-after expert witness with a focus on DRAM IP . Mr. Gervasi notes the importance of checking anything attributed to an expert, “The key takeaway was to verify everything. If a lawyer writes a part of the report, I am the one that owns that report, not the lawyer.” This is especially important when filling out details in an existing report, as he expands “. . . they had a skeleton for how they wanted the report to look in advance. And they needed me to fill in the technical detail.” Additional topics include cross-examination, confidence in expertise, and responsibility. Gervasi states, “I quickly intuited probably the most important thing, which is ‘how do you coordinate with these guys?’ A lawyer is going to be a smart individual, but they're not technical. And that's what they're relying on me for.”…
In this episode… Our guest, Dr. Chuck Easttom is a professor, author, and scientist. He is an adjunct professor at Vanderbilt, where he teaches computer science and a lecturer at Georgetown. He has written 41 books on various topics about computer science and over 70 scholarly papers. He has a robust consulting business and is a sought-after expert witness. Dr. Easttom holds PhDs in Computer Science and Nanotechnology from the University of Portsmouth and Capitol Technology University respectively. He holds additional advanced degrees in Science Systems Engineering, Applied Computer Science, and Education. Dr. Easttom speaks on the importance of knowing where one’s expertise starts and ends: “. . . as soon as you start looking at the evidence, it should become apparent to you [whether] you're not the expert here. And ultimately, I think that's on the expert.” He elaborates that the expert’s role is to “Provide understanding to the . . . judge or jury [that] you have more knowledge than an average person.” Additional topics include not taking it personally, explaining, “Your host is not attacking you as a human being. They're trying to win a case. . .” and perceptions based on billing practices.…
In this episode… Our guest, Professor Robert Romano is an Assistant Professor at St. John’s University in the Division of Sport Management, an adjunct professor at Columbia, and a transactional attorney in sports and entertainment. Professor Romano is a leading authority on the ethics of sports contracts, with over 20 years of teaching, writing, and advocating; and is a sought-after expert witness. He holds a JD, multiple LLMs, and a Masters’ degrees from multiple prestigious schools. Robert advises experts to learn about a case before accepting, “I want to know more about your case. I want to know what you know what side you're on . . . If you're to defend, what is your position on this? Why are you defending this?” He also advises attorneys to make sure experts understand if a settlement is imminent, “You should have told me this beforehand, before I started . . . doing a deep dive. I think that serves the attorney’s clients.” Additional topics include cross-examination, preparedness, and getting paid.…
Our guest, Rob Aft, is the President of Compliance Consulting, LLC, a media consulting company in Los Angeles. His clients represent the entire film industry, from prominent actors to the Directors Guild of America. Rob is a well published author in the film industry, with a focus on international distribution, and he has a great deal of experience as an expert and consultant. In this episode…. Networking within his industry is the primary way in which Rob has found expert work. He mentions, “I've never marketed myself as an expert, I just happened to know a lot of people in the industry. I always make a point of meeting people, getting to know them.” Once hired, it is crucial to stay truthful and speak to what you know. Rob remarks, “…telling the truth is fundamental to being a good expert witness. You don't serve your clients’ interests by trying to be an advocate for them." Additionally, we chatted about when to question attorneys, remaining an expert in one’s field, and the importance of enjoying your work, as Rob states, “Don't embellish. Don't teach. And have fun with it . . . enjoy those interactions.”…
In this episode… Our guest, Jon Albert, is the founder and CEO of The Albert Company, the world’s largest supplier of celebrity talent and popular music for advertising. Jon is an established expert and has been engaged in dozens of cases; particularly involving unauthorized use . Jon spoke about being confident as an expert, “Respect yourself and do not fear opposing counsel. . . that requires the witness to be confident in themselves as to their expertise. If they feel they are only 85% a good expert, they should not be an expert witness because that could be an embarrassing, horrible experience for them.” On preparing, he spoke about starting close to the outset of the trial, remarking, "The truth is, you can't remember things for a month.” Additional topics include payment, the importance of always speaking truthfully, and not underestimating the opposition.…
Gary Bell, is a consumer product safety consultant with special expertise in the "duty to warn" area. He led the development of ANSI Z535 standards in signage and labels. He has served on numerous standards panels and subcommittees, including for Underwriter Labs and the American Society for Testing and Materials (ATSM). In This Episode... Gary Bell discussed what he refers to as the role of intangibles, "I call them the emotional balance and the role of the intangibles, the things that you're going to run into and how to keep your head straight." Being in the right mental state is crucial in the role of the expert. He remarks, "[the] expert has to play between confidence and hubris, emotion and empathy." Additionally, we talked about the practical differences among locations. Gary states, "Attorneys prep their experts in different ways . . . a lot depends on the jurisdiction and the court that you're in.” Other topics are empathy instead of sympathy, maintaining expertise, and underestimating opposition.…
Our guest, Dr. Roger Launius is the Principal of Launius Historical Services. He has worked as a historian and author for over 35 years, including as Associate Director for Collections and Curatorial Affairs at the Smithsonian Institute and as Chief Historian for NASA. He is a Fellow of numerous Aerospace and Aeronautics organizations including the AIAA and RAS and holds a Ph.D. in History from Louisiana State University. We chatted about preparation, “I err on the side of extreme preparedness and exhaustive research along those lines.” He is a firm believer that it is impossible to overprepare for a case or a report and that being confident in your preparation is key during cross. Additionally, we addressed time management, maintaining expertise, and organizing your work “. . . my first step is almost always to build some sort of a timeline, a chronology of what happened when it happened, and how it happened,” remarked Launius.…
Our guest, Professor John Abraham is the Programming Director and Professor of Engineering at the University of Saint Thomas, and an Associate Research Fellow at the University of Minnesota. Professor Abraham is a Mechanical Engineer, with a focus in thermal sciences. He has published over 300 works, including books, research papers, critiques, and patents. Additionally, he is a highly sought-after expert with three decades of experience in litigation and depositions. Professor Abraham has a PhD and MS in Engineering. In This Episode… Our conversation included opportunities for experts where John remarked “I've never advertised my services, but it's generally word of mouth that has brought different litigation opportunities to me . . . if you perform well. And word of mouth gets around." Opportunities come to experts who stay up on their field and maintain composure in court. John elaborates, “Clarity in your in your discussion . . . is so, so important. If you're just thinking of answers off the fly on the stand that can lead you to confusing or convoluted answers." Additional topics include understanding the totality of the case or matter-- not just the field of expertise; and, how experts help win over a jury, “ . . . You know, as a technical person, we like to bomb people with facts and show graphs and data, etc. . . but you need the jury to understand your facts."…
Our guest, Professor Daniel Spulber, is the Elinor Hobbs Professor of International Business at the Kellogg School of Management at Northwestern University. He has taught for over thirty years. He is a top economist, having won the 2023 Antitrust Writing Award for Academic Writings on economics, and is a frequent contributor to numerous economics journals. The FTC, ITC, FCC, and many other governmental and private organizations often engage him as an expert. In this episode: Dan recounts many ways in which humility plays a role for experts and the importance of using attorneys to get a more nuanced overview of materials during preparation. "Experts may have a tendency . . . to jump to conclusions," remarks Dan, discussing data gathering before a case. Additional discussion topics include remaining composed under pressure and how much information to divulge during cross. Dan advises, "It's good to answer quickly, but not too quickly because you have to have time to give a coherent answer and not just go on impulse."…
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Engaging Experts
Our guest, Professor David Rockstraw, is a Professor Emeritus at New Mexico State University and a Ph.D. chemical engineer who has been the Robert Davis Distinguished Professor. He is a sought-after expert in chemical engineering, forensics, IP and trade secrets, and chemical safety, among numerous other fields. He has testified in over 65 past and current legal engagements and over 30 expert consulting engagements. In this episode… During our discussion over the role of experts, David remarks, "Sometimes the cases are complicated, multi-pronged, and different experts have different responsibilities." The conversation recounts the importance of attorneys ensuring experts understand the depth and breadth of their role. Additionally, David spoke about the importance of maintaining expertise, questioning the engaging attorney, and mock examinations. He advises, "Mock cross-examination is very helpful so that you know what's coming at you from the blind side."…
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Engaging Experts
Our guest, Dr. Russell Froman, Esq. is the Assistant Vice President for Accessibility and Gender Equity at The University of Florida. He is the Title IX coordinator for the university and is a leading expert on accessibility-focused regulations and regulating bodies. Dr. Froman holds both a JD and an Ed D. In this episode... Our guest, Dr. Froman states, “You have to say in front of the legislation and be aware of pending legislation.” We talked about the difficulties of, and solutions to, maintaining a current understanding of rapidly changing regulations. Additionally, he offers guidance on cross “It's not about winning, it's about just communicating." We discussed the different styles of engaging attorneys, the importance of research and the confidence that comes with adequate preparation. Dr. Froman advises, “As long as you stay in your lane of knowledge and don't try to get outside . . . because you're intimidated, it really helps you stay grounded."…
Our guest, Dr. Timothy Fort, is the Eveleigh Chair in Business Ethics at the Kelley School of Business at Indiana University, where he coordinates the Undergraduate Ethics Program—the world’s largest ethics program. He is the recipient of the 2022 Distinguished Career Faculty Award from the Academy of Legal Studies. Dr. Fort is an accomplished researcher and author, with over fifteen published books, over twenty academic works, and dozens of research awards. In this episode . . . We spoke about the importance of training, and the expert-attorney relationship: “I always felt that they had trained me well. They were there to protect me.” There are strategies that attorneys can employ to encourage a successful engagement, including the necessity of being honest and independent. Dr. Fort remarked on the topic, “As a potential expert witness [I] really want to hear the words from the lawyers that that [they] want your independent opinion.” Additionally, we covered ethics for experts, maintaining an agreeable composure during cross, and report writing.…
Robert Handfield is a Professor of Supply Chain Management at North Carolina State University and Executive Director and Founder of the Supply Chain Resource Cooperative. He has studied and worked in supply chains for over 30 years and has been an expert witness since 2010. In this episode . . . Robert discusses the uptick of supply chain cases he's been involved in since COVID, specifically around buyer-seller contracts. He has learned many things from his expert witness experience and his "sweet spot" is educating the jury, explaining things in a "simple, direct way." He shares there are a couple basic principles to stand by as an expert, "One, always tells the truth. Number two is to stick to your lane. Do not try to speculate or guess something you do not feel comfortable about. It is okay to say, 'I do not know,' which is acceptable."…
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Engaging Experts
In this episode… Dr. Seggev discusses with host, Michelle Loux, that two of the current trends he is seeing is how inexpensive marketing research has become and the other is how consumer behavior and research has advanced over the decades. He shares his thoughts on how marketing surveys can go beyond the fundamentals in litigation, which currently focus on class actions and trademark infringement but he points out that future facts are just as important as past facts. He elaborates, "The impact of an action taken by a company today that is a fraudulent user may last over the next five, ten, or fifteen years. Would survey research determine what the impact would be?"…
In this episode… Our guest, Ravi Iyer, is a mechanical and electrical engineer. He successfully led project teams, including fixed fee turnkey assignments. He teamed up to start a power/water utility. Clients included developers, utilities, attorneys and financing institutions. In this episode with host Michelle Loux, he explains that the first rule of being an expert witness is to be careful when you speak. The second rule is to explain complex things in simple language. The third rule is to answer yes or no when the opposing attorney asks you a question. The last two rules are soft science, which he calls likeability and communication. He recommends “Talking to Strangers” by Malcolm Gladwell, as a great resource for expert witnesses understanding how people communicate.…
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