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Expert Witness

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In Peaks and Valleys for Expert Witnesses construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

One would initially think slower business might mean cost cutting on safety or reduced staffing causing overworking of employees, and higher productivity demands by management causing haste and a greater margin for error or bad judgment. Moreover, while some of this may occur, these are not the main reasons for a reduction in the retention of experts. When business slows, the incidents of product failure, construction accidents, personal injury, etc. slow with it. It comes down to simple math — less opportunity equals fewer occurrences.

Experts who have been practicing for several years, through bad or slower than usual economies, report having experienced increased negotiation of expert fees. Attorneys and referral agencies will actively negotiate in an attempt to lower the expertas hourly fee. aItas not personal; itas just business.a

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation a earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

Securities expert witness and Columbia Law School professor John Coffee commented this week on JP Morgan Chase & Co.’s $2B loss. The director of the Center on Corporate Governance at Columbia University Law School says the JPMorgan loss will incentivize the passage of banking regulations, i.e. limitations similar to the Volcker Rule.

In Peaks and Valleys for Expert Witnesses construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

No matter which field of expertise you specialize in, as an expert witness you will experience peaks and valleys in the number of cases you are retained to opine on in a given year.

This may lead you to question your marketing efforts. And that is not, in and of itself, a bad idea. Your marketing plan should be reviewed every six months anyway. But your marketing program may not be the problem — it may be the economy. Yes, even expert witness practices are subject to the effects of a bad economy.

Why, however? Letas take a look at this question in depth. For most businesses, a bad economy or slow economy translates to lower sales and thus lower profits overall. Experts are not exempt from this common phenomenon.

When the economy slows, certain aspects of litigation do, in fact, increase. A case in point is the payment of debt. Business and individuals can have difficulty paying their debts in a bad or slow economy, sometimes resulting in litigation. As a consequence, some experts in the fields of forensic accounting and economics may actually see an increase in their retaining percentage.

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation a earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

Lee County, AL, Circuit Court Judge Jacob A. Walker approved up to $10,000 in state funding for expert witness research and testimony in the bizarre case of a retired Texas state trooper who is charged with poisoning 150-year-old trees on the Auburn University campus. Both a chemist and an arborist expert witness will be working on the defense of Harvey Updyke Jr., a University of Alabama fan who allegedly used the pesticide Tebuthiuron on the old-growth southern live oak trees.

In Pathology of Blunt Force Traumatic Injury, forensic pathology expert witness William A. Cox, MD, writes:

In this article we will review the gross and microscopic appearance of Blunt Force Traumatic Injuries and the mechanisms which causes them. The Blunt Force Traumatic Injuries covered are abrasions, contusions, lacerations, fractures, compression and hemorrhage.

General Concepts
The appearance of blunt force traumatic injuries is determined by the physical characteristics of a moving object, which has an impact on the victim or the nature of the surface, which the moving victim strikes. Whether an impact results in injury is
depended upon its components, one of which is the kinetic energy displaced by the object in motion. This kinetic energy is expressed by the formula MVA2/2g, in which M is the weight of the object in pounds, the weight of the object in pounds, V is the velocity in feet per second and g is the acceleration of gravity which is 32 ft. per second. Thus, the ability of an object to induce injury is dependent on its weight and velocity.

Read more: http://forensicmd.files.wordpress.com/2011/05/blunt-force-traumatic-injuries.pdf.

In Challenges in Recovering Deleted Email computer forensics expert witness Steve Burgess writes:

Both computer forensics experts and data recovery technicians seek to recover deleted data. Data recovery is primarily interested in bringing back files, while computer forensics tends to dig deeper, looking not just for deleted documents, but also for metadata (data about data – such as file attributes, descriptions, dates, and other information) and meaningful snippets of unrecoverable files. One area of particular interest is email.

When most documents are written to a computer’s hard disk, each newly created document has its own directory entry (what the user sees as a listing in a folder). If a file has been deleted, but has not been overwritten by another document, the recovery process is a relatively trivial part of e-discovery or of data recovery. But when the data of interest is from deleted email, the discovery process is likely to differ significantly from that of data recovery. Individual emails are stored differently than individual files. Different types of email programs store data differently on the user’s hard disk and require different schemes for finding useful information. As a result, the deletion of emails and recovering of deleted emails differs not only from that for other types of documents, but also between different types of email programs.

Read more: http://www.burgessforensics.com/email_challenges.php.

A crime scene analysis expert witness will testify in the Hamilton County, TN, trial of Shanterrica Madden, accused of killing her college roommate Clantina Stewart last year. The defense says Madden acted in self-defense when she stabbed Stewart during an argument. Stewart was rushed to Middle Tennessee Medical Center where she died from her injuries.

SEAK Inc. is organizing the 21st edition of its Annual National Expert Witness Conference at the Sea Crest Beach Hotel in Falmouth, Massachusetts on August 23rd and 24th, 2012. The Conference aims to provide support and training to experts from all disciplines and with all levels of experience and promises to provide a discussion on all aspects of expert witness testimony, ethics, and trial techniques by nationally recognized attorneys, experts, judges, and educators.

Download the Conference Flyer

Apartment security expert witness John Harris conducted a forensic evaluation and opined in litigation that resulted in a $20 million award to a female tenant who was raped in her apartment at Promenade Culllen Park in Houston, TX….

Mr. Harris found that the apartment complex did not comply with security industry standards, consensual guidelines and industry best practices regarding notification to tenants of crimes occurring on the property and of dangerous conditions posed by easy accessibility to second floor balconies by unauthorized persons. He determined that notices sent to tenants by management misstated the facts of the previous break-in and withheld information about potential harm to the tenants of the property including the rape victim. As a result of this conclusion the apartment management practices were examined under the Texasa Deceptive Trade Practices Act and were found to be in violation due the intentional withholding of facts to gain business.

In Apple v. Motorola , Judge Richard A. Posner, US District Court for the Northern District of Illinois, denied Apple’s motion to block the deposition of one of its expert witnesses. The patent case is scheduled for trial in June.

Working with the Expert Witness
From legaltalknetwork.com

What is a Paralegal ‘s role when it comes to working with expert witnesses? On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome Bradley J. Beehler, Esq. and Candy Reilly, ACP, as they put the spotlight on the expert witness. They will share their experiences working with expert witnesses, explore a paralegal’s duties when working with an expert witness, the Daubert standard, resources and practice tips for working with experts.

From the Frye-ingPan into the Firewill be a general discussion of expert witness testimony and opinions and the applicable law. The goal of the seminar is to give practitioners an overview of this area of law.

TOPICS:
Definition of an opinion;
When an opinion is a new, undisclosed opinion;
When an opinion is a corollary to a disclosed opinion;
Discussion of Frye standards;
Discussion of the rules of evidence related to expert witnesses and

Cross-Examination of Expert Witnesses
From westlegaledcenter.com

In this valuable and entertaining presentation, Andrea Lyon, an experienced trial lawyer and clinical professor of law, will show you the most effective ways of crossing an expert witness. You will learn strategies for proper preparation before trial that will form the foundation of a strong cross and allow you to attack the science while sounding like an expert yourself. Learn how to assess when you should and should not cross an expert and how to co-opt an expert?s testi…

Dan Small on Preparing Witnesses
From westlegaledcenter.com

Every caring lawyer involved in litigation has experienced the stress of wondering and worrying about witness testimony. This seminar provides a modern prescription for persuasive verbal and non-verbal witness communications that will benefit every lawyer regardless of experience (or inexperience).

Dan Small, a highly-respected, experienced litigatorand witness expertwalks you through the methods, procedure, and rules that will make your witness a powerful, compelling communicator….

Brian G. Jones will demonstrate how you can confront and cross examine the governments expert witness on a tight budget. From requesting funds for your own expert from the court (and getting them!), to preparation and ultimately the cross examination itself, Brian Jones will show you how you can attack the credibility of any expert witness and put doubt in a jurys mind.

Complying With Modified Rules 26 and 56
From westlegaledcenter.com

Amendments to the FRCP Rules 26 and 56 are going into effect December 1, 2010. Are you prepared for the changes they bring? If you’ve ever used an expert witness to support your case, you’ll find this legal update useful. Don’t jeopardize the success of the case by using the old rulebook – get all the information you need to protect your expert witness communications and reports.

  • Learn the proper time and format of disclosing the topic of future expert testimony.
  • Avo…

Jumping Witness Examination Hurdles
From westlegaledcenter.com

From a timid stammering client to a professional hostile expert, witness examination challenges are numerous and varied. This focused course reviews some of the most common mistakes and dirty tricks to help you get at the testimony that will help your case. Sharpen your advocacy skills.

  • Understand common reasons behind witnesses’ resistant and evasive responses and minimize wiggle room with skillful question wording.
  • Spot the “professional expert witness” syndrome in …

This seminar will focus on the anatomy of a case where the primary issue is the reliability of the witness identification.A renowned identification expert, experienced practitioners, and a Superior Court Judge will break down the issues for investigation, pre-trial presentation, and examination at trial using a case study.This seminar will examine how cutting edge academic studies can assist you in both identifying the issues pre-trial and then presenting them…

As a litigation practitioner, you know that medical expert testimony is often the linchpin that will make or break a case. Unless you can persuasively and effectively defend the medical theory behind your case – and discredit that of your opponent – you may as well not prepare anything at all. Are you getting the most out of your medical testimony? This legal briefing offers the techniques you’ll need to navigate the maze of medical information, protect your witnesses from abusive cross-exami…

Witness preparation for civil trials is necessary in order to succeed at trial. You can have a great case on the facts and law. However, no matter how good the facts and law of your case, if witnesses do not come across well, and convey the testimony that you count on as the basis of your case, you will lose. Preparation of witnesses, whether plaintiffs, defendants, lay witnesses, or experts, is absolutely essential to ensure a good result at trial.

This program teaches both new and e…

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Capital Online Revenue Introduces Innovate Business Education Techniques


As an alternative to more traditional methods of learning about business and commerce, Capital Online Revenue introduces a new “earn and learn” training program.

Though business colleges remain in great supply, more and more Americans are turning to alternative sources of training and education, particularly during these days of economic upset and uncertainty. The simple truth is that with layoffs so prevalent and incomes so unsteady, investing in a full-time business education simply isn’t a viable option for many entrepreneurs. Instead, they are looking to business training modules that allow for on-the-job training, providing a way to master the tools of the trade even while making a profit. Capital Online Revenue continues to spearhead this movement with the introduction of its new “earn-and-learn” business training techniques.

Different from both traditional business education courses and even other online endeavors, Capital Online Revenue is a service that extends to customers a wealth of resources for learning about online business. What makes Capital Online Revenue services unique, however, is the fact that its training techniques are implemented in real-time. In other words, customers are both learning about online business and establishing their own online business both at the same time.

Though the notion of a make-money-online opportunity is hardly new, the methods being introduced by Capital Online Revenue are unlike anything yet devised by its competitors. What makes this service different is the emphasis it places on its training aspects. Though the long-term goal is for customers to establish their own online business, this comes hand-in-hand with an array of training resources and materials that include not only tutorial videos, but also a unique training component that includes one-on-one coaching from a team of live experts. Capital Online Revenue extends these services through a variety of media, including online chat, e-mail, and phone.

Capital Online Revenue introduction of these features has already met with enthusiasm from its current customer base. The service continues to define its niche, appealing to retirees, stay-at-home-parents, and working professionals who simply lack the time or resources necessary to attend more conventional business classes.