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American Bar Association



Lost Profits Involving Head-to-Head Competitors

By John R. Bone, Marylee P. Robinson, and Stephen A. Holzen

The Federal Circuit provides guidance on the quantification of lost profits in patent infringement cases and the role of reasonable certainty.


Engaging Jurors with Technical Information: Building Trust and Cognition Without Overload

By Janell Walther

Using small-group strategies can help deliberative groups like juries, who can be easily overwhelmed by process and information.


Validity and Precision in Statistical Samples in Legal Cases

By Francis (Frank) X. Pampush

Two important ideas in statistical sampling can make the difference between reliable and unreliable data.


Anticipating and Avoiding Expert Deposition Fee Disputes

By John D. Sear and T. Michael Pangburn

Understanding dispute hotspots and taking simple steps to avoid them.


Two-Track Investigations: How to Protect Privileged Information after a Data Security Breach

By Kristen Viglione

A recent decision in the Target litigation reaffirms the validity of two-track investigations.


Mobile Device Forensics: What Can Be Found?

By Joshua Dalman

The perspective of a digital forensics examiner.


Expert Witnesses in High-Stakes Litigation

By Gary Friedman, David Greenbaum, and Brian Sullivan

Some implications of the 2010 amendments, the use of experts in class certification, and some practical advice to manage costs of expert services.


The Role of Two-Sided Markets in United States v. American Express

By Eric S. Hochstadt and Meaghan Thomas-Kennedy

A recent example of the important role economics and experts play in complex antitrust cases.


Calculation of Prejudgment Interest on Past Losses in Business Litigation

By Boris J. Steffen

A look at the variables: applicable interest rates, the prejudgment period, the compounding period, and discounting.


Technically Speaking: Sharing Complex Information with Juries

By Janell Walther

An audience-centered approach.


Political Cover and Consulting Experts

By Maria E. Rodriguez

A consulting expert can help you get the information you need in order to give your client sound advice.


Expert Depositions: Online Preparation Techniques for Litigators

By Kevin Hartzell

How to find and prepare for all the skeletons in your witness's closet.


Conflicts, Ethics, and Experts

By John H. Bogart

Although experts are not limited by the Rules of Professional Conduct, they may be disqualified under certain circumstances.


Managing Cybersecurity Risk for Experts and Consultants

By Matthew F. Prewitt

Data breaches can be costly, but most are preventable with modest cybersecurity efforts.


Relationship Between Expert and Counsel under Canadian Law

By Ryan Morris and Thomas Lipton

A recent Court of Appeal for Ontario decision provides guidance under Canada's Rules of Civil Procedure.


Simple Random Sampling Is Complex

By Charles A. Diamond

A review of a court's use of simple random sampling to estimate class-wide unpaid overtime hours and damages.

Effective Resolution of Construction and Environmental Cases

By Gennaro G. Marino

A geotechnical engineering expert shares key factors in resolving litigation cases.


How I Created a Monster

By Gabriel A. Fuentes

A litigator questioned the validity of fingerprints as evidence, only to find that his efforts backfired.


A Look at the Tenth Circuit's Urethane Antitrust Ruling

By Eric S. Hochstadt and Jane Cooper

What it does and does not say about the reach of Comcast and the role of courts as gatekeepers for expert testimony.


Dodging Daubert: Expert Opinions in Property Value Diminution

By Paul Smith and Trevor Phillips

In recent cases, real estate damages experts’ PVD opinions have failed to pass muster.


So You Think You're an Expert on Experts?

By Jason Elster

Test your knowledge on some of the most influential cases involving expert witnesses by taking our quiz.

Do Computer Forensic Experts Need a PI License?

By Gregory L. Fordham

What makes an expert a credible witness?

EPA Revises "All Appropriate Inquiries" Process, Adopts ASTM Standard

By Margaret Hill

EPA adopts standard addressing vapor migration.

How to Correctly Approach Independent Medical Exams

By Heidi Oertle and Shawna Boothe

An IME can be a key component of prosecuting or defending a personal injury or products liability case.

The Role of the Economic Expert in Damages Analyses

By Robert Kneuper and James Langenfeld

Economists can provide analyses through the application of economic techniques.

Expert Testimony on Causation Requires Sufficient Scientific Basis

By John J. DiChello

Pennsylvania reinforces minimum standard to be met to qualify as expert opinion.


"Reasonable Certainty" Remains Uncertain

By Neil Steinkamp and Regina M. Alter

With such an ambiguous threshold, determining the extent to which damages opined by an expert rise to this level can be a puzzle.

Covenant Conundrum

By Charles Diamond and Edward McDonough

Economic analysis brings new insights into familiar problems such as employee covenants not to compete.

An Overview of the USPAP

By Boris Steffen

Knowledge of these standards can assist counsel in working with a valuation expert—and avoiding a successful Daubert challenge.

Traits to Dig for in an Engineering Expert

By Gennaro G. Marino

Aside from the technical must-haves, characteristics to look for include integrity, confidence, and communication skills.

Alternative Funding of Litigation

By Victoria Lazear

By spreading the costs of litigation and sharing the risks, this arrangement offers many benefits to cash-strapped firms.

Games Experts Play

By David V. Dilenschneider

That impressive list of authored works may warrant a closer look.

All IT Experts Are Not Created Equal

By Nick Robinson

How to find the perfect fit for your case.

Statistical Significance Post-Matrixx

By David A. Gulley

Clearing up some of the confusion caused by the Supreme Court's decision.

For Young Lawyers: A Primer on the Market Approach to Business Valuation

By Brian P. Sullivan

Appropriately applying this method to quantify damages is key.

For Young Lawyers: Deconstructing Overhead Costs

By Jonathan Couchman

Understanding recovery and the allocation methodology in breach-of-contract cases.

New Standards for Expert-Witness Disclosures

By Thomas P. Branigan and Tina Georgieva

The amended Rule 26 allows experts to create draft reports without fear of discovery and makes it easier for litigators to work around discoverable communications.

A Year in Review: Applying the Amended Expert Rules

By Christina D. Riggs

To maximize the advantages of these rules, practitioners should engage in front-end planning with their experts based on the trends provided by the federal courts.

Proving Patent Damages after Uniloc

By S. Christian Platt and Bob Chen

The rejection of the 25 percent rule will require patent holders to more rigorously tie evidence proving damages to the parties, patents, and accused products at issue.

What Do You Do with a Completed Bankruptcy Examiner's Report?

By Sylvia Mayer, John Mastando III, Aliza Reicher, and Cheryl James

The examiner report, by its very nature, may be hearsay. Both bankruptcy courts and non-bankruptcy courts have grappled with the issue of admissibility.

An Economic Framework for Analyzing Covenants Not to Compete

By Elaine Fleming, Steven Herscovici, and Keith R. Ugone

Economists should consider this set of principles when evaluating the competitive implications of a covenant not to compete.

Financial Model Mistakes Can Cost Millions of Dollars

By Susan Mangiero

Ongoing vigilance regarding financial models is critical to gauging whether the models are working as they should.

Using Amended Rule 26 to Get the Most Out of Experts

By Robert M. Craig and Cathleen M. Devlin

The revisions to Federal Rule of Civil Procedure 26 strike a new balance between expert discovery and the work-product doctrine.

2010 Expert Witness Rule Amendments

By Gregory P. Joseph

As of December 1, 2010, the Federal Rules of Civil Procedure that govern the disclosure of expert opinion are substantially amended.

Early Case Assessment: Get Experts Involved From Day One

By Lisa Pierce Reisz. Esq. and David V. Dilenschneider Esq.

Early case assessment essentially boils down to gathering information, conducting research, and performing other tasks early on in litigation, when it often matters most.

Is Your Expert Your Ally or Your Enemy?

By Mark E. Porada

When a party decides not to use a previously designated expert, may the adverse party call that expert to testify or introduce that expert's report or opinions?

Rules Governing Experts: The European Perspective

By James R. Tumbridge, Timothy D. Pecsenye, and Gregory J. Urbanchuk

The globalization of business and the convergence of world markets create unique challenges for businesses involved in disputes.

Rules 26(a)(2) and (b)(4): Disclosure of Expert Opinion

By Gregory P. Joseph

The Advisory Committee on the Federal Rules of Civil Procedure has issued for public comment proposed amendments to Rules 26(a)(2) and (b)(4) governing disclosure of expert opinion.

Expert Approaches

By Gregory P. Joseph

Learn the various options and decisions that go in to strategy for dealing with the expert from the other side.

Rule Traps

By Gregory P. Joseph

This article discusses in detail the "most important rule of evidence that is buried in the Federal Rules of Civil Procedure."

Engaging Experts

By Gregory P. Joseph

In our news series, Tips From The Pros, we welcome our first article from Gregory Joseph, a former Chair of the Section. This month's article provides us with some tips about experts.