Forensic, General & Medical
Expert Witnesses

Articles by Expert Witnesses


PBGC Seeks Approval of New Coverage Determination Form

ERISA plan sponsors or administrators may be required to use a new form and instructions for all types of future coverage determination requests, according to a notice published in the Federal Register on May 8, 2019 by the Pension Benefit Guaranty Corporation (PBGC).
FIND ARTICLES BY EXPERT WITNESSES

How to Explain Yourself as an Expert Witness When Your Conclusion Is Not the One The Lawyer Wanted

Provided by HG.org
Sometimes, the conclusion that the expert witness comes to in a case is not what the lawyer wants because it does not support the argument the lawyer is making or trying to convince the courtroom about with the details. When this occurs, the professional hired will need to explain why his or her conclusion is counter to the argument.

The Expert Witness’ Guide on Creating a Solid Retainer Agreement

Provided by HG.org
When becoming part of a case, the expert witness will need a solid retainer agreement with specific provisions and stipulations about what pay to receive, what work is important for the case and which duties will reimburse the professional when he or she pays for them. This retainer agreement usually is the first step in a lawyer and expert relationship.

Lawyers, Expert Witnesses and Ethics-Beyond Mere Testimony

Lawyers and courts turn to expert witnesses to provide triers of fact with explanations of aspects of a case that are not commonly known. It is the subject matter expert’s education, experience, and skill in a particular area that will help the triers of fact to reach a well-informed conclusion/decision.

Key Provisions to Include in Your Expert Witness Retainer Agreement

Provided by HG.org
The expert witness retainer agreement is something that both the lawyer and the professional hired to act as the expert witness in the trial will negotiate before any services rendered will require a more clear understanding of what the expert needs. With these retainer agreements, there are sections that explain each type of fee and details about how much the expert can expect.

Marketing Options for Expert Witnesses

Provided by HG.org
When an expert witness wants to become part of more cases, he or she may need to consider marketing his or her experience and background to grab the attention of more lawyers that need professionals as part of various cases. There are several strategies that the expert can put into effect to increase the likelihood of hire.

What Is an IP Address?

Cases such as copyright violations, computer hacking, and distribution of child pornography often involve using an individual's IP address to identify them. But, what is an IP address and how reliable are they at identifying individuals?

State Hybrid Pension Plans Continue to Gain Popularity

The increasing indebtedness of state pension systems means that state budgets are facing significant pressure and tough financial decisions, according to a recent Wall Street Journal article titled, “New Jersey Needs a Pension Fix. Is This It?”

How to Explain the Role of the Expert Witness at an Initial Consultation

Provided by HG.org
The initial consultation is when the prospective client is considering hiring the lawyer, but this phase may also require a better understanding of the expert witness that may need to become part of the proceedings in the courtroom and behind the scenes. The lawyer may need to introduce this professional later after the consultation completes.

Fidelity Investments Infrastructure Fee Draws Scrutiny

Fidelity Investments is the subject of a Department of Labor investigation regarding an annual “infrastructure fee” imposed on third-party firms that sell their own mutual funds on Fidelity’s FundsNetwork platform, according to a February 2019 article in The Wall Street Journal titled, “Government Probes Fidelity Over Obscure Mutual-Fund Fees.”

Attorneys Can Be Called to Be an Expert Witness

Provided by HG.org
A lawyer usually can become an expert witness in legal matters, to remove confusion about laws and regulations in the case and to prevent further confusion about something specific or minute regarding laws in a local or city issue. The lawyer can explain various aspects of the matter and provide objective materials for better clarification of the situation.

Expert Witness's Concern for Their Reputation - Is It Getting in the Way of Your Case?

Provided by HG.org
There are certain ways to keep an expert witness focused on the task of the case rather than seeking to protect or further his or her reputation when performing for the lawyer, and it is vital to employ these to safeguard the case. It is crucial to build a strong relationship with both professionals and to seek to further the progress of the case.

Can Expert Witnesses Reach a Legal Conclusion in Their Testimony?

Provided by HG.org
The District courts have given a judgment about what the expert witness can accomplish when it comes to legal conclusions and what is possible within the testimony presented in the courtroom with the professional. It is important for the expert to abide by this decision and only explain what he or she has permission to state.

Typical Fees Included in an Expert Witness Fee Agreement

Provided by HG.org
When retaining an expert witness for a case, the lawyer usually negotiates a contract between the two professionals with certain aspects of financial matters that will detail the fees involved and what the expert witness can expect in payment. There are particular sections of this agreement that detail the relationship and what services will allot which fees.

Your Expert Witness’ Testimony Differs from Deposition Testimony - What Do You Do?

Provided by HG.org
The expert witness usually must provide similar or the same testimony during the trial as when he or she did during the deposition to ensure that the details are not different or contradictory. This is an important matter that the lawyer and expert may need to discuss before the trial takes place to prevent disqualification.

Ruplestiltskin, LLP: Volume II The Dark Side of “Dialers”

Provided by: Context Corporation
In this article, the author explains the basics of the Telephone Consumer Protection Act (TCPA)--in particular the Automatic Telephone Dialing System (ATDS) element of the statute. He illustrates the risks associated with the use of "dialers" to communicate via voice or text, with an example scenarios. He briefly discusses preventions and defenses based on his considerable expertise in telecommunications and his experience as a consulting and testifying expert for the defense in TCPA cases.

What to Include in an Engagement Letter for an Expert Witness

Provided by HG.org
The engagement letter with the expert witness is a layout of the scope that the lawyer and expert will have in the relationship for testimony and all other processes with the case. It is important to include certain terms and ensure that the expert witness is aware of his or her responsibilities both in and out of the courtroom.

Characteristics of the College and University and Student of the Future

Most colleges and universities in the United States and worldwide write and implement strategic enrollment plans every year.

Predictions for Higher Education in 2005 and Realities in Higher Education in 2019

I have often written about the folly of making predictions about the future of higher education in the United States and around the world. However, I recently came across this article and realized that the 25 predictions I made 14 years ago about the future of higher education have for the most part, become reality.

Deposition Testimony by Expert Witnesses

Provided by HG.org
Expert witnesses usually must have testimony that remains the same or they could face disqualification from the case and professional problems when others hear of these issues with testimony. Impeaching the witness from the case is important if testimony changes that could impact the case in a negative way to the point of loss.

Municipal Retiree Health Care Costs Significantly Underfunded

The Pew Charitable Trusts recently revised a 2017 issue brief titled “State Retiree Health Care Liabilities: An Update.” This 50-state survey of retiree healthcare liabilities reviews how prefunding policies and reducing benefits may help states effectively manage the increasing costs associated with “other post-employment benefits” (OPEB).

When to Share an Exposing Expert Witness’ Report

Provided by HG.org
The expert witness report often must provide details about the revealing nature of the case and is part of the Federal Rules of discovery, civil procedure or criminal procedure. The legal team must share this information at certain times based on the type of case, and the mandatory disclosure of the report is necessary for both legal sides and arguments

Argumentative Expert Witnesses in Court - How to Get Them Back on Track

Provided by HG.org
When the legal team hires an expert witness that is passionate about his or her subject, it is possible that an argument may break out in the courtroom or when engaging in the topic involved in the case. It is important to get this professional back on track and ensure that the testimony or information is in line with the case or claim in the courtroom.

Ethical Challenges for Expert Witnesses in Civil Litigation

Provided by HG.org
Expert witnesses confront various ethical challenges when progressing through civil litigation no matter if the case is simple or has complex parts and processes to include presenting testimony and using procedures for testing. Success in these ethical challenges can ensure the professional is aware of how to navigate morals and expected mores of the city where the case occurs.

The Higher Education Bubble in the United States

Author makes the case for why higher education in the United States is not inelastic and why enrollments in the future face significant, and different, challenges from those in the past.

College Admission Scandal or Business as Usual?

On an almost-spring March day in Massachusetts, Boston U.S. Attorney for the District of Massachusetts, Andrew Lelling, held a press conference, the purpose of which was to announce indictments against 50 people, including 33 parents, in a college admission scandal.

Common Legal Problems with Being an Expert Witness

Provided by HG.org
Expert witnesses can face similar legal problems as other professionals depending on the situation, and some of these include professional or sexual misconduct, interfering with an investigation, breach of contract and misleading or misrepresentation of the facts. Some legal concerns arise during a case or when the professional hired by the lawyer causes problems during a case.

Will Your Divorce Need an Expert Witness?

If your divorce involves a high-net worth individual or business, you might need to hire an expert witness. These strangers’ opinions could have a dramatic impact on your case. How do you know if you need one? What should you expect if your spouse hires one?

Sears Pension Plans to be Assumed by PBGC

After nearly a decade of failing to turn a profit, Sears Holdings Corporation filed for Chapter 11 bankruptcy protection on October 15, 2018. As of February 11, 2019, the Pension Benefit Guaranty Corporation (“PBGC”) is now the trustee for two Sears defined benefit pension plans. The move follows bankruptcy court approval of an agreement between the PBCC and Sears that terminated the plans as of January 31, 2019.

Avoiding Conflict Problems with Expert Witnesses

Provided by HG.org
The relationship between lawyer and expert witness relies upon the work they accomplish which requires a lack of conflict and a better understanding of the subject matter. There are ways of avoiding arguments that can help assist both parties in seeking stronger bonds and working together on the case accordingly.

Tips for Hiring an Expert Witness to Save Time and Money

Provided by HG.org
Hiring an expert witness is often difficult when the subject matter is a complex problem for everyone involved, and there are certain tips that exist to provide assistance in both saving time and money with this process. These usually entail performing research online and locally to lower costs of travel along with cutting out expensive professionals services.

Why Men Should Never Undergo Brow Lifts

Lifting the brow in men will more than likely have deleterious effects on their appearance.

Ethical Considerations for Hiring Expert Witnesses

Provided by HG.org
Ethics often come into play when hiring and using expert witnesses for both criminal and civil cases because the expert witness is someone that can help, support or even remove confusion with evidence and various processes. There are certain ethical dilemmas and problems that may arise with professional hires and even in the cases themselves.

Tips for Eliciting Effective Testimony from an Expert Witnesses

Provided by HG.org
Acquiring effective expert witness testimony is crucial for any case where this professional is a needed component to attempt to convince the judge or jury of a valid argument for or against a person. The tips that can increase effectiveness involve both preparation and direct or indirect cross-examination with both sides of the argument.

When It Comes to Marketing Your Law Practice, Are You Willing to Stick Your Neck Out?

The numbers are staggering. According to the American Bar Association, there are 50,000 law firms in the U.S. with two or more attorneys. If you also count solo practitioners firms, the U.S. Census estimates almost 175,000 total legal establishments. Guess what? Not all of them can or will be ranked #1 on Google. In fact, most won't make the first pages of the online directories. Now, if you’re one of the 95% that won’t, and you listen to the “experts", you might as well pack up shop right now. But to take that attitude is to run counter to everything that marketing is to supposed be about.

Of Slopes and Flops in Investments

The investment world and the financial medias are abuzz with the USD yield curve and its growing flattening/inversion, and for good reasons. Here is why.

The Genus and Species of Copyright

In Varsity v. Star Athletica, the U.S. Supreme Court addressed one of the confounding issues in copyright law: when pictorial, graphic and sculptural works are sufficiently separate from the articles on which they are placed to qualify for copyright protection.

University 403(b) Pension Plans Gain Favorable Court Ruling

Georgetown University is the latest school to fight off a lawsuit brought against their 403(b) plans claiming a breach of fiduciary duties. Northwestern University, the University of Pennsylvania, and Washington University in St. Louis have also had lawsuits dismissed, while New York University succeeded in a trial hearing last year.

The Case Against Online Marketing

This article is prompted by an inquiry we received recently from a family law practitioner who felt that he had extracted all he could from the smorgasbord of online marketing tools and was seeking alternative, “out-of-the-box” means for growing his practice.

Guidelines for Expert Witness Testimony

Provided by HG.org
Expert witnesses hired for a court case where they must provide testimony usually have very stringent guidelines in place that require certain protocols and processes that affect opinions provided and processes that the professional must follow. Within these guidelines, the expert witness can present a case and remove confusion about evidence.

Board-Certification in Brain Injury Medicine: What Is It?

Provided by: Sanjay Adhia, MD
Brain Injury Medicine (BIM) has recently been added as a subspecialty by the American Board of Medical Specialties, I am asked by attorneys to explain more about it. Qualified Board-Certified Psychiatrists, Neurologists, Physiatrists (Physical Medicine and Rehab) and Sports Medicine physicians are permitted to take the exam for the Brain Injury Medicine certification.

States Expand Private Sector Retirement Options

Employer-sponsored retirement plans are not available to one-third of U.S. workers, according to the Pew Center, and many employees who do have access to a pension plan do not participate. Some industry sources estimate that up to 58 million private sector workers are not covered by a retirement plan.

How to Become an Expert Witness

Provided by HG.org
There are different ways that a professional that has experience with a certain subject field can become an expert witness for the courtroom hired by a lawyer. Many of these different methods are from a start and continued experience with lawyers that can help to further the career of a professional with legal matters.

Expert Witness Tips for Providing Effective Testimony

Provided by HG.org
There are numerous tips for expert witnesses in providing the courtroom with the most effective testimony possible for the subject matter, depending on what the expert needs to get across to the judge or jury panel. These tips often depend on the understanding of the question, the reliable testing methods and relevant content presented to the court.

Understanding Frye Before Testifying as an Expert Witness

Provided by HG.org
Frye and Daubert are the standards for expert witnesses that explain what the professional must accomplish to remain a designated witness for the trial case. There are many factors for vetting and qualifying the expert in the courtroom, and it is important that the professional first understand these criteria under Frye before testifying.

Pension Risk Transfers Remain Strong in 2018

U.S. corporate pension plan sponsors continue to pursue a strategy called “pension risk transfer”under the favorable economic conditions of 2018. A pension risk transfer generally refers to the process by which a pension plan sponsor purchases a group annuity from an insurance company to cover pension payments and administration for all or a portion of plan participants.

Can You Testify as an Expert Witness in All States?

Provided by HG.org
Throughout the entire country, expert witnesses have become an integral part of the court cases for multiple and numerous issues that may arise where there is a need to explain something further or remove confusion. By using an expert with a scientific background, it is possible that the professional can do so in all states in the country.

Expert Witness Best Practices

Provided by HG.org
The best practices that expert witnesses adhere to generally require staying on point in the case, keeping the material relevant and ensuring that all test methods are reliable or give reliable results with a known margin of error. Other best practices usually change based on the case, but many of these are similar throughout the expert’s life in the courts.

Working as a Consulting Expert Witness

Provided by HG.org
Expert witnesses that either do not make it through qualifying as a designated expert witness or that provide services outside of the expert witness field can assist the lawyer in understanding the subject materials or in finding an expert witness to give testimony in the courtroom. Other consultants work closely with the legal team for informational purposes.

Sales Company's Liability for Low Film Sales

Provided by: Kathryn Arnold
Sales of independent film is a volatile undertaking, even under the best of circumstances. The competition is stiff, buyer’s tastes shift, and thousands of films are produced globally each year. According to IMDB, in the last 10 years, film production has doubled from 4,585 in 2005 to 9,387 films in 2015.


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