Discussions at the Round Table: Recent Episodes
Round Table Group
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.
In this episode…
One bad contract clause, one opaque tour settlement, one “quick” call that turns into free strategy and suddenly a music business dispute is in court. We sit down with David Ciemny, CEO of Ciemny Inc., to talk about what expert witness work looks like in the entertainment industry and why it demands more than general business knowledge. David shares how a high-profile case opened the door, how he partners with teams like Round Table Group, and what attorneys are really listening for when they interview an expert.
We also go deep on forensic tour accounting, common money pitfalls for artists, and why transparency in financial reporting can prevent disputes with management teams before they explode.
A wine collection can look like a hobby until it lands in a divorce, an estate fight, or a federal case. Then every bottle needs a defensible value, a paper trail, and an explanation that makes sense to people who have never read a wine list in their lives. We sit down with Melissa Smith, founder of Enotrias Elite Sommelier Services, to talk about wine collection appraisal, expert witness testimony, and the real-world mechanics of treating wine as a legal asset.
Melissa walks us through how she went from fine dining to becoming the person attorneys call when inventories, valuations, and credibility matter. We dig into what she now asks on the first phone call, what she deliberately holds back, and why scope and boundaries protect both the expert and the client. We also get specific about expert witness contracts, a simple rate structure, and why a nonrefundable retainer can be the difference between a clean engagement and months of chaos.
One of the fastest ways to lose credibility as an expert is simple: say more than you need to. Environmental consultant and expert witness Mark Elmendorf joins us to share what nearly 40 years of environmental consulting and courtroom work taught him about testimony, cross-examination, and building expert opinions that hold up when the other side comes swinging.
We get into the real mechanics of expert witness selection and case intake: what attorneys ask for when they need a specialist in hazardous materials, regulatory analysis, contamination, or exposure scenarios, and what Mark asks back to avoid surprises. We talk conflict checks, why “just firewall it” can create risk, and how expert work often plays out in insurance-driven environmental litigation where carriers push hard to settle.
Mark also breaks down his expert report writing strategy in detail: outline first, choose opinion points up front, keep each opinion distinct, and support it with clear references, cost analysis, and industry standards. We discuss rebuttal reports, why personal attacks are a credibility trap, and how strong writing and tight proofreading can be as important as technical knowledge. Finally, we cover practical trial prep, document overload, and the habits that keep an expert attorney relationship smooth from engagement letter to the witness stand.
If you care about expert witness best practices, environmental litigation support, and writing reports that survive scrutiny, this one is for you. Subscribe, share this episode with a colleague, and leave a review with the biggest expert-witness challenge you want us to tackle next.
A crop can look fine from the road and still be in freefall, and a “damaged” tree can be one good growing season away from recovery. That gray zone is where expert witnesses earn their keep, and where bad assumptions can turn into huge losses.
We sit down with Dr. Mark Czarnota, associate professor of horticulture at the University of Georgia, to unpack what happens when weed science, herbicide drift, and plant physiology collide with legal deadlines. He shares how expert witness engagements actually arrive, why staying current in pesticide research and specialty crop systems is a daily job, and what it takes to explain technical findings to attorneys, insurers, and lay readers without watering down the science. We also get practical about credentials that come up in court, including certified arborist expectations and pesticide licensing.
Dr. Czarnota walks through depositions from the expert chair, including how lawyers try to corner new witnesses, why sticking to facts protects your credibility, and the courtroom lesson that led to a mistrial early in his career. We dig into report writing strategy, valuation challenges for injured ornamentals and trees, and the contract clauses experts must read closely before signing. If you work in agricultural litigation, horticulture litigation, or any technical field where the truth has to survive cross-examination, this conversation maps the terrain.
Subscribe for more expert-focused conversations, share this with someone who testifies for a living, and leave a review with the most important rule you think every expert witness should follow.
Engineering failures rarely start with a single crack or a single bad decision. They start with messy constraints, unclear scopes, missing documents, rushed timelines, and people making judgment calls under pressure. In this episode, we connect with James Cohen, an award-winning forensic engineer and seasoned expert witness with more than 40 years in structural engineering, failure analysis, testing, and code work. He shares the moments that pulled him into forensic engineering, plus the hard-earned habits that keep an expert credible when the stakes are high.
We dig into what actually governs an engineering opinion in litigation: the contract, the scope of work, and the specific codes and standards that were invoked at the time. James explains why working across countries is often less about geography and more about figuring out which standards apply and what the factors of safety really mean.
From there, we get highly practical on expert witness workflow: the key questions to ask on the first attorney call, how licensing and conflicts shape whether you should accept a matter, why budgets have become a bigger part of modern engagements, and when it makes sense to bring in MEP or cost estimating support. James also shares how he approaches depositions and trials, including simple demonstratives that help juries understand compression, torsion, and shear, and why report writing should be built for a lay reader without losing technical rigor.
If you’re an attorney hiring experts or an engineer stepping into testimony, this one will sharpen your process. Subscribe for more conversations like this, share it with someone who works in litigation support, and leave a review with your biggest expert witness red flag or best first-call question.
One weak expert can turn a strong case into a courtroom disaster, and one great expert can change the entire settlement conversation. In this podcast episode, we sit down with nationally recognized employment attorney Derek Smith of Derek Smith Law Group PLLC to talk about what actually works when hiring, managing, and preparing expert witnesses in sexual harassment and employment discrimination cases.
We start with the moment Derek learned the stakes firsthand: a first case that forced him to get serious about emotional distress damages, diagnosis, and how expert testimony holds up under scrutiny. From there we get practical about expert witness vetting, including the must ask questions that protect you from the nightmare scenario of a judge refusing to qualify your expert after you’ve already spent months and thousands preparing for trial.
Then we dig into the mechanics that trip people up: privilege and confidentiality, what is discoverable, why every document you give an expert matters, and how compensation discussions can create bias issues. Derek also shares his unorthodox approach to deposition and cross-examination prep, including improv based warmups to help experts stay calm and sharp, plus a mock cross that is tougher than the real thing. We wrap with engagement letter terms, flat fees vs hourly billing, demonstratives and visuals that persuade juries, and why long-term relationships with experts are a career advantage.
If you work with expert witnesses, want better trial preparation, or simply want to understand how credible testimony is built, this conversation is a practical guide. Subscribe, share this with a colleague, and leave a review with your biggest expert witness lesson learned.
Randy Wall is both a certified instructor and a licensed civil engineer, and he shows us how that combo changes everything when snow sports accidents land in court.
Randy explains how time gaps complicate site visits, why a consistent report template keeps testimony inside the “lane,” and how to translate dynamic crashes into clear, simple language that juries trust. Visuals are a cornerstone of his approach. He hand-draws clean diagrams to ground perspective and sequence, and when the record supports it, he partners with a crash reconstruction expert to build compelling animations that align physics with documented facts.
We also map the standards landscape. Snow sports live inside a patchwork of state statutes, county rules, ANSI ropeway codes, ASTM equipment standards, and the National Ski Areas Association Responsibility Code—many of them voluntary. Randy shows how real cases hinge on duty of care, standard of care, breach, cause-in-fact, and proximate cause, not on blanket rules. He walks through the cascade of decisions that often leads to injury and how to separate foreseeability from hindsight.
On the business side, Randy lays out his contract strategy: hourly, on retainer, with a thorough agreement. And how he screens for attorneys who want independent analysis rather than a prefabricated conclusion. His closing playbook for experts is crisp: prepare so your report leads, answer only the question asked in deposition, and never volunteer a tangent that opens new lines of attack.
If you value sharp thinking, clean visuals, and courtroom-ready explanations, this conversation delivers. Subscribe, share with a colleague who works in litigation or risk, and leave a quick review telling us your biggest takeaway.
A map can tell the truth and still confuse everyone in the room. That’s why we sat down with veteran surveyor and expert witness Frank Ferrantello to unpack how he turns dense site data into clean, visual evidence that judges and juries actually understand. From adding targeted photos to forensic surveys to framing testimony in everyday terms, Frank shows how clarity and not theatrics, moves cases forward.
We dive into the shrinking pipeline of seasoned land surveyors and why real expertise goes beyond data collection. Frank breaks down the legal backbone of surveying in New York: easements, boundaries, sidewalk liability, public versus private space. And how staying current on statutes and case law changes outcomes. He shares memorable examples from urban disputes, like when a plaza looks private but is governed by public agreements, and how mapping those lines can reset responsibility and reshape a claim.
Frank also opens his playbook on professionalism: starting each matter with conflict checks, refusing the hired-gun mentality, and deciding whether the facts deserve his name. His preparation focuses on organized digital records, concise answers for cross, and the discipline to let evidence speak for itself. When a case lands late, tight systems and visual exhibits help him deliver fast without bending the truth.
If you care about expert testimony, construction law, real estate disputes, or how to make complex information simple and persuasive, this conversation delivers practical insights you can use today. Hit follow, share this with a colleague who wrangles maps or liability, and leave a quick review to tell us what part changed how you think about evidence.
Contracts decide more than pay. They decide credibility, leverage, and whether your independence will stand up under scrutiny. We sit down with attorney Merry Campbell, Chair of Employment and Labor Law and Corporate Investigations at Shulman Rogers, to unpack how expert witnesses can safely operate as independent contractors without triggering misclassification, payment delays, or discovery landmines. From the default presumption of W‑2 employment to the maze of federal and state tests, Merry explains why “1099” is a claim you have to earn and document.
We walk through the realities that make an independent contractor model viable for experts: freedom to accept or reject engagements, control over rates and scope, and the ability to serve multiple clients. Then we translate those realities into contract language that holds up. You’ll hear concrete guidance on defining compensable work, setting invoicing cadence, structuring milestones for termination, and avoiding any clause that ties payment to case outcomes. Merry Campbell shares pragmatic strategies for getting paid when intermediaries sit between you and the end client, how to request periodic status updates without creating forgettable obligations, and the exact red flags that opposing counsel will use to attack your neutrality.
If you want your practice to run like a business, and your contract to prove it, this conversation will sharpen your approach to classification, negotiation, and payment.
We sit down with Russell Knight, a Chicago and Naples divorce attorney to unpack how experts get chosen, what courts really value, and the quiet ways reputation and rigor steer outcomes.
Russell breaks down the two pillars of expertise he relies on: financial analysts who trace income, valuation, and debt, and mental health professionals who assess parenting time and responsibilities. He explains the reality behind “court lists”, how the courthouse whisper network shapes expectations, and the specific questions attorneys ask before engagement: Are you accepted in this venue? Have you appeared before this judge? The conversation gets practical fast. Retain your expert, set firm delivery dates, and avoid late, stale reports that collapse under new facts.
If you’re an expert witness aiming to be credible, timely, and resilient under pressure, or a lawyer who needs reports judges can trust, this conversation is a field guide. Subscribe and share.
Want a masterclass in expert witnessing from someone who’s seen it all? Hydrogeologist Theresa Jehn-Dellaport joins us to unpack how technical experts can protect credibility, communicate complex science with clarity, and navigate high-pressure moments without losing the thread. From her first landfill siting testimony to water court battles and federal cases, Theresa shows how careful preparation and ethical backbone shape outcomes.
We dive into the first call playbook—what attorneys ask, what experts should ask in return, and the single red flag that ends an engagement: any request to ignore data. Theresa explains why credibility is a one-time currency and how to safeguard it across reports, social media, and public talks. She shares actionable deposition tactics, including pacing your answers, asking for breaks, and refusing to opine from flawed exhibits. Her approach centers on visual storytelling: GIS maps, groundwater animations, and simple demonstrations that bridge the gap between advanced modeling and lay understanding.
You’ll hear how venue differences—civil court, federal procedures, and Colorado’s water court with its referee process—change structure but not the essentials of good expert work. We also get into rebuttal strategy: how to evaluate opposing reports, concede valid points without losing your thesis, and frame disagreements in terms of data and methods. Underneath it all is a blueprint for strong attorney–expert relationships built on respect, clear roles, and independent judgment.
If you’re an expert curious about taking the stand, an attorney aiming to get the best from your experts, or a listener who loves the craft of clear communication, this conversation delivers practical, field-tested guidance. Subscribe, share with a colleague who needs it, and leave a review telling us your go-to tactic for keeping credibility front and center.
Want to know why the best experts rarely “win” a case—and why they still matter so much? We sit down with veteran estate and tax attorney and expert witness John Hartog to unpack the real value of expert testimony: confidence backed by facts, credibility that survives cross, and preparation that starts early enough to shape the entire strategy.
John traces his first expert assignment decades ago to what makes testimony persuasive now. We talk about the line between confidence and overconfidence, how an expert adjusts for a judge versus a jury, and why swagger reads as advocacy when a jury is listening. He explains why experts typically don’t decide outcomes—the facts do—but how a disciplined opinion can frame those facts so a fact finder sees them clearly. If you’ve ever waited until the eleventh hour to hire an expert, John spells out the hidden costs, from shaky disclosures to weakened confidence, and makes the case for bringing experts in early to guide discovery, strategy, and settlement leverage.
We go deep on credibility management: handling old articles and books that pop up on cross, distinguishing best practice from the standard of care, and staying consistent without being rigid when new facts or law emerge. John breaks down smart communication under differing discovery rules, especially in states where an expert’s entire file is discoverable. You’ll hear practical tactics—phone-first for substance, tight emails for logistics, screen sharing for drafts—and how federal versus state rules change report strategy. We also compare venues, from California courts to federal cases and even foreign jurisdictions that admit expert opinions on California law, and why local counsel should set guardrails when testifying elsewhere.
Across it all, one theme stands out: productive tension. Lawyers sharpen an expert’s opinion by challenging it; experts strengthen a case by flagging weak facts and untenable theories. That respectful friction is where durable, persuasive testimony is forged. If you work with experts—or are one—this conversation offers a clear roadmap for building opinions that hold up when it counts.
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In this episode . . .
Ever seen a brilliant expert lose a jury in five minutes? Credentials alone don’t win cases, and today, we’re unpacking why. We’ve brought together three seasoned voices to share what really matters when turning expertise into testimony that persuades:
- Erik Groothuis – Commercial Litigation Attorney and Arbitrator
- Mark McKenna – Professor at UCLA and Partner at Lex Lumina, LLP
- Kevin Hensley – Partner at Barton Gilman
From the first call to cross-examination, our panel dives into the traits that separate great experts from the rest: attention to detail, calm under pressure, and the ability to teach without talking down. You’ll hear why early involvement can save cases from brittle theories and missed evidence, plus the vetting checks these attorneys use to spot credible practitioners versus “for-hire” opinion mills.
We also tackle the messy middle: how much material to share, why oversharing beats ambushes, and the value of starting experts on a consulting basis to preserve candid feedback. The conversation compares venue demands across state, federal, arbitration, and specialized courts, with practical prep tips and mock exam strategies that build confidence. We explore tricky scenarios: when a related specialty is enough, when it falls short, and how cross-examination can expose those gaps.
One message runs through the conversation: great experts combine deep knowledge with clear communication, and great lawyers welcome early challenges to sharpen their case strategy. We wrap up with actionable advice experts can use today: be responsive, avoid surprises, align your schedule with court timelines, and think like a teacher.
If you find this episode valuable, subscribe, share it with a colleague who hires experts, and leave us a quick review telling us the one expert trait you value most.
Media standoffs don’t start in a courtroom—they start at the negotiating table where content owners and distributors wrestle over price, reach, and leverage. We invited Howard Homonoff, senior advisor in media and entertainment, longtime dealmaker, Forbes columnist, and adjunct professor—to unpack how those high-stakes negotiations evolve into legal disputes and what great expert work actually looks like when the lights come on.
Howard traces his path across both sides of the aisle, from acquiring channels for operators to defending brands at networks, and explains why that “Switzerland” perspective is gold when neutrality matters. We get specific about vetting: how attorneys assess fit and performance, how experts run conflict checks that catch hidden ties, and how a deep public record—columns, talks, interviews—can build credibility while also arming cross-examiners. He shares a simple rule for depositions that saves careers: answer the question and stop.
If you care about media law, distribution strategy, expert testimony, or arbitration, this conversation delivers practical playbooks and hard-won lessons. Enjoy the episode, share it with a colleague, and if it helped you think sharper about expert work, tap follow and leave a quick review—we read every one.
Money leaves a trail, but only a clear storyteller can make that trail persuade a jury. We sit down with forensic CPA and litigation consultant Tatevik Torossian to unpack how expert witnesses transform complex financial disputes into simple, credible narratives that hold up under fire. From early career lessons to first-chair testimony, she shares the preparation habits that matter most: reading your own depo transcript, pressure-testing schedules, and anticipating the strongest lines of attack long before cross.
Method and venue shape strategy. We break down a case where the opposing expert compared contingency-based revenue to time-and-material billings and drew the wrong conclusion—a classic apples-to-oranges error that an attentive expert can dismantle. Tatevik also contrasts Federal Rule 26 narrative reports with state court exhibit submissions, touches on family court dynamics, and shares how mediation and arbitration change the pace, cost, and outcome path. Along the way, we cover engagement timing, settlement realities, time-and-materials billing, collaborating with valuation and other specialists, and the daily coordination that keeps trial teams aligned.
If you want to improve expert witness strategy, craft stronger demonstratives, or simply make your damages story stick, this conversation delivers practical steps you can use on your next case. Subscribe, share with a colleague, and leave a review telling us your favorite tactic for making complex numbers crystal clear.
What does it take to bridge the gap between deep technical expertise and effective courtroom testimony? Dr. Kirk McDaniel, with over 40 years of experience in mining and underground spaces, pulls back the curtain on the fascinating world of expert witnessing.
The conversation reveals crucial insights for both aspiring expert witnesses and attorneys who work with them. Dr. McDaniel emphasizes the cardinal rule of expert testimony: "Know your lane and stick to it." This principle has guided his case selection, leading him to decline opportunities outside his domain of mining engineering and safety. His approach has protected him from credibility challenges while allowing him to deliver authoritative opinions in his field.
Whether you're a seasoned expert, an attorney who works with technical specialists, or simply curious about how complex technical matters translate to courtroom settings, this conversation offers a rare glimpse into the strategic thinking behind effective expert testimony. The takeaway? Expertise alone isn't enough—understanding boundaries, maintaining professional standards, and fostering clear communication ultimately determine an expert's courtroom value.
Dr. Shawn Zardouz is a double board-certified specialist in Pain Medicine and Neurology, and the only physician in Newport Beach with this distinction. He holds a B.A. in Public Health from Johns Hopkins University and earned his M.D. from Wayne State University, graduating with honors in biomedical research. His postgraduate training includes an award-winning internship at Loma Linda University Medical Center, a neurology residency at UC San Diego, and a prestigious pain medicine fellowship at UCSD—recognized as the nation’s top program. As a Qualified Medical Examiner, Dr. Zardouz is an expert in treating traumatic brain injuries, chronic pain, CRPS, whiplash, post-concussion syndrome, and various neuropathies.
In this episode:
What makes a great expert witness on the very first call? We sit down with Dr. Shawn Zardouz, a double board-certified neurologist and pain management specialist, to break down the real work behind credible testimony: vetting case fit, demanding complete records, and staying fiercely objective from start to finish. If you’ve ever wondered how an expert prepares for hours of cross-examination or translates brain science into language a jury can trust, this conversation delivers a candid, practical roadmap.
The field is moving fast, and so is the role of the expert. Dr. Zardouz explains how emerging tools like diffusion tensor imaging and potential biomarkers are shaping TBI claims, and how neuromodulation is changing pain management beyond steroid injections. We also talk about collaborating with broader trial teams—neuropsychologists, accident reconstruction experts, and vocational specialists—to build consistent, defensible opinions. Throughout, we highlight practical steps attorneys can take to set experts up for success: provide complete records early, allot time for real review, and keep communication clear and respectful.
If you care about strong expert strategy, objective opinions, and medical testimony that jurors can follow, you’ll find a wealth of actionable insight here. Subscribe for more conversations with top experts, share this episode with a colleague who handles injury or TBI cases, and leave a review to tell us what you want to hear next.
A single magazine ad nudged a young CPA out of audit rooms and into the courtroom—and the lessons since have reshaped how we think about expert testimony. We sit down with Mark Gottlieb, practice leader at MSG and one of Forbes’ top CPAs for valuations, to explore how a forensic accountant turns complex financials into stories judges and juries can trust. From the first conflict check to the last exhibit tab, Mark shows why clarity and ethics are the expert’s real edge.
We unpack the two hats experts wear—consulting and testifying—and why many engagements start under privilege before moving into the spotlight. Mark walks through his preparation process, including drafting direct and cross outlines, building question sets for opposing experts, and sequencing facts so the trier of fact can follow the thread. He explains how standards of value (fair value vs fair market value) change state by state, what that means for valuation modeling, and how courtroom technology—from 80-inch displays to tight visual timelines—can sharpen your message without overcomplicating it.
Newer experts get a candid blueprint for depositions: answer only what’s asked, respect yes/no questions, and avoid volunteering context that can be twisted later. We also dive into practical workflow—initial document requests, follow-up discipline, shared channels, and maintaining momentum across dozens of active matters. Beneath the tactics is a human throughline: mentorship. Mark credits seasoned guides for helping him build a national practice and offers pointed advice for finding your own. If you work with experts, want to become one, or simply care about persuasive, ethical testimony, this conversation delivers tools you can use on your next case.
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In this episode…
Today’s guest, Dr. Pavithra Kumar, is a principal at Advanced Analytical Consulting Group. She specializes in the application of economic and financial theory to questions arising in complex security and finance litigation. Dr. Kumar is a published author and holds a PhD in finance from MIT.
Women and minorities make up some of the most accomplished experts in their fields, yet they are often at a disadvantage when attorneys choose expert witnesses, according to Dr. Kumar. It is crucial to remain vigilant of subconscious biases and take positive steps to choose the best person for the engagement, regardless of background.
Check out the entire episode for our discussion on being proactive, litigation in crypto, and building relationships as an expert.
Ever wondered what happens when trees become the center of legal disputes? Marty Shaw takes us behind the scenes of his fascinating career as an arboricultural expert witness, where he serves as "the CSI of trees" for courtrooms across America.
Shaw's journey into expert witnessing began unexpectedly while working as a wholesale distributor for tree healthcare products. A chance meeting with an established consultant opened his eyes to a profession where his specialized knowledge could help resolve conflicts and deliver justice. After attending the American Society of Consulting Arborists Academy, Shaw developed the skills to translate complex tree science into testimony that judges and juries could understand.
What makes Shaw's expertise particularly valuable is its rarity. "There's perhaps maybe a dozen people in the whole country that do what I do for a living," he explains, highlighting how he's carved out a specialized niche in arboricultural consulting. When preparing for testimony, Shaw creates detailed reports containing all his opinions and supporting documentation, helping him withstand challenges to his expertise while presenting information clearly to non-experts.
Technology has dramatically transformed Shaw's practice over the years. As the first consulting arborist to regularly use drones, he now captures detailed site imagery that reveals critical information about tree conditions. "It's the most profitable service that I offer and the most useful tool that I own by far," Shaw notes, explaining how drone imagery provides evidence that would otherwise be impossible to collect.
Beyond technical expertise, Shaw emphasizes that successful expert witnessing hinges on relationships. Setting clear expectations, maintaining communication, and showing mutual gratitude form the foundation of productive attorney-expert partnerships. For those considering this career path, Shaw advises patience: "If you're good at it, then the money will come and you'll be able to do it full time. But it does take a while."
Ready to learn more about how expert witnesses shape legal outcomes? Subscribe to Engaging Experts for more insider perspectives on specialized testimony that makes a difference in courtrooms nationwide.
The hidden world of mortgage fraud and litigation comes alive in this eye-opening conversation with Anna DeSimone, owner of Housing Research LLC and a preeminent expert in residential mortgage lending since the mid-1980s.
The financial services industry presents unique challenges for expert witnesses due to its thousands of state and federal regulations, each with numerous nuances and sub-rules. DeSimone walks us through her process of evaluating cases, from spreading dozens of appraisals across conference tables to identify patterns of fraud to preparing for grueling 12-hour court testimonies. Her insights into how seemingly minor errors can result in multi-million-dollar settlements illuminate the high stakes of regulatory compliance.
Whether you're in the financial services industry, legal profession, or simply a homeowner, this conversation offers invaluable wisdom about the complex interplay of regulations, technology, and human behavior in the mortgage market. Subscribe now to hear more expert insights that go beyond the headlines to reveal the true dynamics of professional fields.
The courtroom can be an intimidating place for anyone—but when Jill Kessler-Miller walks in, she brings 30 years of dog expertise and an uncanny ability to decode what canines are really telling us. As she puts it with refreshing candor, "If I'm an advocate, it's for the dog."
Kessler-Miller's journey from dog trainer to sought-after expert witness began with a simple suggestion from an attorney friend. Today, she navigates cases ranging from dog bites to fatalities, service dog evaluations to animal cruelty investigations. What sets her approach apart is her focus on the dogs themselves. While humans craft narratives after incidents occur, the dogs' behavior reveals the truth—if you know how to interpret it.
The deposition process requires careful preparation and emotional discipline. Kessler-Miller shares practical wisdom gained from countless testimonies: bring multiple document copies, maintain composure despite provocations, and remember to "don't speculate, only answer questions asked, and shut up." She even offers an unexpected pro tip: a roll of pink duct tape makes the perfect spill-proof coffee holder during lengthy proceedings.
For those considering expert witness work, Kessler-Miller offers sage advice: develop emotional resilience, remember criticism isn't personal, and maintain neutrality rather than advocacy. As she reminds us, the most powerful testimony comes not from pushing an agenda but from clearly explaining what happened and why—letting juries draw their own conclusions from properly interpreted evidence.
Ready to explore how expert witnesses can transform your case? Connect with professionals who bring both expertise and integrity to the courtroom through Roundtable Group's extensive network.
The journey from law enforcement to expert witness isn't a common one, but for Benjamin Mink, it provided the perfect foundation for becoming a leading voice in DEA compliance and opioid litigation. In this revealing conversation, Mink shares how his background as an Alaska State Trooper and undercover narcotics detective uniquely positioned him to navigate the complex world of pharmaceutical compliance.
Mink's expertise wasn't developed in a classroom—it came through a "baptism by fire" when he joined a pharmaceutical distributor facing serious DEA enforcement actions and congressional investigations. This crisis immersion forced him to quickly master compliance regulations and risk mitigation strategies, skills that would later make him invaluable as an expert witness.
What makes Mink's approach particularly effective is his focus on translation rather than mere information delivery. "A good expert isn't necessarily an encyclopedia," he explains, "it's a good translator, somebody that can break it down to a jury to the point that it's easy to understand." This philosophy guides his preparation for depositions and courtroom testimony, where he strategically studies previous testimonies to anticipate opposing counsel's focus areas.
The conversation also explores practical aspects of expert witnessing—from preparation techniques and billing practices to navigating virtual testimony in the post-COVID era. Mink offers valuable insights for both experts and attorneys on building productive relationships, managing expectations, and the critical importance of careful listening during high-stakes depositions.
Whether you're an attorney working with expert witnesses, an expert looking to refine your approach, or simply curious about how technical information gets translated for juries, this episode offers rare insights into the art and science of expert testimony. Subscribe to Engaging Experts for more conversations with leading voices in litigation support and expert witnessing.
What happens when a seasoned electrical utility professional with 35 years of experience decides to leverage his expertise in the courtroom? Christopher Larson, president of Larson Elite and a certified fire and explosion investigator, shares his fascinating journey into expert witnessing in this candid conversation.
The conversation delves into practical matters essential for anyone considering expert witnessing: establishing non-refundable retainers, determining appropriate billing practices, and avoiding potential conflicts of interest.
For professionals with specialized expertise considering the expert witness path, or attorneys seeking to work effectively with technical experts, this episode provides invaluable insights into building a successful practice founded on knowledge, integrity, and clear communication. Subscribe now to hear more conversations with leading experts across diverse fields.
When Steve Hopper received an unexpected call from an attorney thirteen years ago, he never imagined it would lead to a second career spanning over 55 cases as an expert witness in warehousing and logistics. Initially skeptical about expert witnessing due to negative media portrayals, Hopper discovered the critical importance of bringing specialized knowledge to judges and juries navigating complex technical issues.
Perhaps most valuable is Hopper's perspective on ethics in expert testimony. "I'm not an advocate for your side of the case," he explains. "It's not my job. You're the advocate, I'm not the advocate." This commitment to factual accuracy has occasionally led him to withdraw from cases where attorneys pressured him to offer opinions he considered unsupported. For professionals in any field considering expert witness work, Hopper's experience provides a roadmap for maintaining integrity while delivering effective testimony.
Considering sharing your expertise in the courtroom? Listen now to discover the realities of expert witnessing from someone who's navigated its challenges for over a decade.
When medical technology and legal expertise intersect, Dr. Linda van Roosmalen stands at that fascinating crossroads. Our conversation dives deep into her journey from university research lab to courtroom expert witness in the specialized field of wheelchair transportation safety.
Dr. van Roosmalen pulls back the curtain on the ethical backbone of expert witnessing. She recounts refusing to alter her professional opinion despite attorney pressure, explaining why integrity isn't just morally right—it's professionally essential. "At all costs, you have to be extremely honest in your opinions," she insists, noting how past statements can return in future cases, making consistency crucial for credibility.
The practical challenges of balancing expert work alongside a full-time career emerge as we explore her methodical approach to case management. Using specialized software to track hours across multiple cases that often span years, she maintains strict separation between her primary field and expert witness specialty to avoid conflicts of interest. Her flexibility—taking calls after hours or on weekends—reveals how modern professionals can successfully maintain dual careers.
Want to learn how expert witnesses can strengthen your case? Contact Round Table Group today and discover why finding the right expertise makes all the difference in complex litigation.
Ever wondered what happens when economics meets the courtroom? Dr. Philip Cross pulls back the curtain on the fascinating world of economic expert witnessing with refreshing candor and practical wisdom.
After earning his PhD from the University of Wisconsin and teaching at Georgetown University, Dr. Cross transitioned through major consulting firms before founding his own successful practice. His journey reveals a counterintuitive truth: authenticity trumps polish in the expert witness business. "I've kind of unlearned over the years to try to be slick and professional," he explains. "I'm just myself."
The conversation explores the delicate balancing act economic experts must perform – applying economic expertise across diverse industries without overstepping boundaries, managing different attorney styles from micromanagers to completely hands-off, and navigating the stark differences between plaintiff and defense work. Dr. Cross maintains a deliberate mix of both to protect his credibility.
Perhaps most illuminating is Dr. Cross's perspective on what makes attorney-expert relationships work: clear communication, appropriate boundaries between experts and end clients, and mutual respect for each other's expertise. Whether you're a practicing attorney, aspiring expert witness, or simply curious about how economic analysis shapes legal outcomes, this conversation offers an unvarnished look at a profession few truly understand.
When Dr. Linsey Willis took her first expert witness case in 1998, she had no idea it would launch a decades-long career testifying in cases across the United States.
With refreshing candor and practical wisdom, Dr. Willis reveals what makes for success in the expert witness arena. Her approach combines rigorous ethics with savvy business practices. "Know what you know and know what you don't know," she advises, emphasizing that genuine expertise—not financial motivation—should drive case selection. This philosophy has served her well across numerous plaintiff and defense engagements in human resources, negligent hiring, and employment matters.
The conversation explores critical aspects of expert witnessing that rarely receive attention: how to vet potential cases through detailed attorney interviews, establish clear payment terms ("I make it very clear that I'm not going to chase down money"), and prepare thoroughly for challenging depositions. Dr. Willis shares war stories from seven-hour depositions where opposing counsel deployed intimidation tactics, and explains how she maintained her composure throughout.
For both attorneys seeking experts and professionals considering expert witnessing, this episode offers invaluable insights into creating "bulletproof" reports, navigating attorney relationships, and maintaining ethical standards in a demanding field. Whether you're a seasoned expert or considering your first case, you'll come away with practical strategies for more effective expert testimony.
What truly separates effective expert witnesses from those who merely possess technical knowledge? According to family law attorney Carl Taylor, it comes down to the expert's ability to translate complex information into compelling narratives that connect with judges and juries.
In this wide-ranging conversation, Taylor draws on over 15 years of courtroom experience to share what attorneys really look for when selecting expert witnesses. Beyond credentials and expertise, he emphasizes the importance of what he calls "authority assets" - the publications, speaking engagements, and thought leadership that establish an expert's ongoing relevance. Perhaps most surprising is his insight that vulnerability between attorneys and experts often leads to stronger working relationships and more effective testimony.
Whether you're an attorney who works with expert witnesses, an expert looking to improve your effectiveness, or simply curious about how complex information gets translated in our legal system, this episode offers valuable insights into a critical but often overlooked professional relationship. Taylor's unique perspective as both a family law attorney and a publisher helping experts create authority assets makes this a must-listen conversation for anyone interested in the intersection of expertise and persuasion.
Professor Lynn Rosenblum takes us behind the scenes of expert witnessing in the toy industry, revealing how deep subject matter expertise transforms into compelling testimony. Her path from Mattel's Director of Marketing to Associate Professor of Toy Design at Otis College has given her a unique vantage point on the industry she loves. Drawing from experiences manufacturing toys in eleven countries and working with companies of all sizes, she brings unparalleled knowledge to her role as an expert witness. "I am the history of toys," she shares, highlighting how her lifetime of experience creates authoritative testimony.
The conversation delves into practical wisdom on navigating depositions with confidence, building rapport with legal teams, and balancing academic responsibilities with expert witness engagements. Her approach to preparation stands out—reading every document, examining physical samples, and maintaining professional poise under pressure. For attorneys, her insights on working effectively with experts prove invaluable, while professionals considering expert witness work will appreciate her candor about billing practices, preparation routines, and maintaining ethics throughout the process.
Whether you're a practicing attorney seeking to better understand the expert witness perspective or a professional wondering how your specialized knowledge might translate to the courtroom, this episode offers both practical guidance and inspiration.
Ready to discover how expertise becomes evidence? Listen now, and learn why knowing your subject matter deeply remains the foundation of effective testimony.
From accidental courtroom testimony to becoming "The Privacy Professor," Rebecca Herold's journey into expert witnessing began when the FBI sought her evidence in a criminal case involving her home's previous owners. This unexpected experience revealed her natural talent for explaining complex matters under pressure—a skill that would define her future career.
With over 35 years in information security and compliance, Herold has established herself as a sought-after expert witness specializing in digital privacy, online tracking, and regulatory compliance. Her approach stands out for its unwavering commitment to honesty.
Maintaining expertise in such a rapidly evolving field requires constant education. Herold starts each day reviewing news about security breaches, lawsuits, and regulatory changes. Her background as an adjunct professor and author of 22+ books provides the foundation for explaining technical concepts in accessible ways to judges and juries with varying levels of technical understanding.
For those entering the expert witness field, Herold emphasizes understanding the specific scope and goals of each engagement. Rather than presenting everything you know—a tendency among academics—effective expert witnesses focus precisely on what's relevant to the specific legal questions at hand.
Join us to discover how digital privacy expertise translates into effective courtroom testimony, and why maintaining professional integrity remains essential in this complex and evolving field. Subscribe to Engaging Experts for more insights from top specialists across diverse professional domains.
What happens when decades of Wall Street experience meets the witness stand? Mike Evans takes us behind the scenes of financial expert witnessing in this revealing conversation about bridging the gap between complex regulatory requirements and practical implementation.
Drawing from his extensive career at Goldman Sachs, Lehman Brothers, and BNP Paribas, Evans explains how he transitioned from compliance officer to expert witness. His journey offers insight navigating the delicate balance between technical expertise and effective communication. "The compliance angle is how these things get implemented," Evans explains, highlighting the unique value he brings to legal proceedings where understanding the gap between written policies and actual practice often determines case outcomes.
The conversation delves into practical aspects of expert witnessing that professionals rarely discuss openly. From managing relationships with attorneys and negotiating clear engagement terms to preparing for testimony and maintaining composure under pressure, Evans shares candid insights gained through real-world experience. His approach to testimony—making eye contact with finders of fact, speaking clearly, and maintaining unwavering integrity—provides a roadmap for aspiring expert witnesses.
Perhaps most valuable is Evans' philosophy toward expert work, encapsulated in his father's advice: "Say what you mean and mean what you say." This commitment to consistency and truthfulness allows him to navigate complex cases with multiple attorneys while maintaining credibility. For attorneys working with financial experts and for professionals considering expert witnessing, this episode offers rare insights into effective collaboration at the intersection of finance and law.
Subscribe now to continue learning from leading experts across diverse fields.
In this episode…
Our guest, Chuck Malkus, is the president of Malkus Communications Group, a marketing, public relations, and reputation management firm. He’s a published author, ethics speaker, and sought-after expert witness.
Delivery is everything, according to Mr. Malkus. Whether facing a judge, jury, live or over the Internet; a confident demeanor pay back dividends. Outline your three most important points, and be prepared to deliver them in a way which quickly resonates.
Check out the entire episode for our discussion on tight deadlines, being prepared for intimidation, and scoping out the venue in advance.
When scientific expertise meets the courtroom, how do complex concepts translate to juries with no specialized knowledge? Dr. Nicholas Money, a distinguished mycologist and professor of biology at Miami University, navigates this challenge regularly as an expert witness in cases involving fungal contamination.
Dr. Money's journey into legal testimony began almost twenty years ago after publishing a book about indoor mold during a surge in litigation concerning mold contamination in buildings. Since then, he's provided expert testimony for both plaintiffs and defendants in roughly equal measure, maintaining a steadfast commitment to following scientific evidence regardless of which side engages him.
The art of explaining mycology to non-scientists forms the cornerstone of Dr. Money's effectiveness as an expert witness. Drawing on his experience as an educator, he transforms complicated scientific concepts into accessible explanations without sacrificing accuracy. "Science should be accessible to the general public and members of a jury that have got no real scientific training," he emphasizes. "If I can't explain it to a very broad audience, then I failed as a teacher."
Visual aids prove particularly valuable in this translation process. Dr. Money often creates his own demonstratives—charts, tables, and photographs—to illustrate mold contamination levels and compare cases. These visual tools help bridge the gap between scientific understanding and jury comprehension, especially when dealing with invisible threats like airborne fungal spores.
For aspiring expert witnesses, Dr. Money recommends studying depositions from established experts and developing strong written report skills. The unpredictable nature of legal proceedings requires flexibility and thorough preparation, especially when facing cross-examination that might probe potential weaknesses in scientific arguments.
Whether you're an attorney working with expert witnesses or a specialist considering legal testimony, this conversation offers valuable insights into the crucial role scientific expertise plays in our legal system and how to effectively communicate complex concepts when the stakes are high.
In this episode…
What happens when a seasoned commercial litigator steps into the expert witness chair? Erik Groothuis takes us behind the scenes of this fascinating professional duality, sharing candid insights from his journey navigating both roles in the legal system.
Having spent decades as a practicing attorney before adding expert witnessing to his repertoire, Groothuis offers a refreshingly practical perspective on what truly makes an effective expert. Contrary to conventional wisdom, he reveals that communication skills often trump pure subject matter expertise. "It's about storytelling," he explains, highlighting how the ability to translate complex concepts for judges and juries separates mediocre experts from exceptional ones.
The conversation takes surprising turns as Groothuis shares his evolving views on virtual testimony. Despite initial skepticism about remote proceedings, he's discovered they often run more efficiently than traditional court appearances. From the elimination of travel time to streamlined exhibit sharing, this shift represents a permanent evolution in how expert testimony gets delivered – one that experts and attorneys alike should embrace.
Perhaps most valuable are Groothuis's tactical insights on expert witness preparation, engagement structures, and maintaining credibility across cases. He emphasizes the importance of having experience on both plaintiff and defense sides to avoid being labeled a "hired gun," while offering practical advice on billing arrangements and pre-testimony rituals. The discussion culminates with his perspective on why expert witnesses remain crucial to the legal process: they can "tie the whole story together" in ways fact witnesses simply cannot.
Whether you're an expert witness looking to sharpen your approach, an attorney seeking to better utilize experts, or simply curious about this specialized field, this episode delivers practical wisdom that only comes from someone who's truly lived both roles. Listen now for a masterclass in expert testimony from someone who knows the game from every angle.
In this episode…
Our guest, Captain John Cox, is the CEO of Safety Operating Systems, a full-service aviation consulting firm. He is the recipient of the FAA’s Master Pilot Award, an analyst for numerous news media organizations, and a published author. Captain Cox holds an MBA in Aviation Management from Daniel Webster College.
It’s important to know what your area of specialty is within your field, according to Captain Cox. Even if you have broad knowledge across many related areas, it’s best to take cases that are squarely within the bounds of your experience and expertise.
Check out the whole episode for our discussion on keeping your billing rates simple, two-way communication, and getting feedback after your engagement ends.
In this episode…
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.
About 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.
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.
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…
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, 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…
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.
In this episode…
What truly makes the attorney-expert relationship work? In this revealing conversation, host Noah Bolmer sits down with two veterans of expert testimony, forensic psychologist Dr. Jolie Brahms and insurance expert Kevin Quinley, to unpack the nuances of this critical professional partnership.
The discussion takes us behind the curtain of expert witness work, revealing what both sides should know but rarely discuss openly. From that crucial first phone call where relationships are established to the diplomatic art of declining problematic engagements, our guests share candid insights about navigating the complex human dynamics at play.
Both experts emphasize that respectful communication, clear expectations, and professional boundaries create the foundation for successful collaborations. They reveal the red flags that signal problematic engagements, share strategies for delivering unwelcome opinions, and offer practical advice for working effectively with diverse legal teams.
Particularly valuable is their guidance for newer expert witnesses. Technical expertise alone isn't enough – successful experts need emotional intelligence, communication skills, and thick skin. As Dr. Brahms eloquently puts it: "We're keeping alive our judicial system, which is what makes us a democracy." This perspective elevates expert testimony beyond mere transaction to a crucial component of justice itself.
Whether you're an attorney who works with experts, an expert witness yourself, or simply fascinated by the inner workings of our legal system, this conversation offers rare insight into relationships that shape courtroom outcomes. Subscribe to Engaging Experts for more illuminating discussions with the professionals who help determine the course of litigation across America.
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.
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.
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.
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.
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.
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.
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.
In 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.
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.
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.
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.
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
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.
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.”
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.
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.”
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.”
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 understanding opposing counsel’s strategy: “Never, ever, ever trust opposing counsel . . . They're there for one reason in that deposition. And that is to show I am a liar." 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 speaking truthfully at all times, 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 David "Dave" Spulbur, 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:
Dave 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 Dave, discussing data gathering before a case.
Additional discussion topics include remaining composed under pressure and how much information to divulge during cross. Dave 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."
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."
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 Ethicsat 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."
In this episode:
Dr. Eli Seggev is the President of Seggev Consulting, Inc. and an intellectual property survey research expert. He studied political science and sociology in Israel and then pursued a doctorate in marketing and quantitative methods. He worked for an ad agency and a marketing research firm before starting Selective Consulting Inc. in 2003.
Dr. Seggev discussed 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.
In this episode…Our guest, Robert "Bob" Sherwood, has been a senior board member to 30 companies, was profiled in Fortune and Business Week, was the winner of the 1995 Entrepreneur of the Year, sponsored by Ernst & Young, NASDAQ and Inc. Magazine, presented seminars on Leadership and Technology to more than 3000 executives, and as an Expert Witness, he has testified in court on behalf of such prominent companies as Google, Yahoo! and Facebook. Bob holds a Series 65 license which covers laws, regulations, ethics, retirement planning and portfolio management.
On this episode, Bob shares stories about the importance of preparation. Whether it is understanding the basic case details before the initial interview to how law firms prepare their experts for the cross-examination, preparation plays a large role on your success as an expert. Bob emphasizes, "You have to prepare much more than you think you should . . ."
Being a successful expert witness is not just about preparation. It's also about growing with your role and learning to adapt. Early on, Bob did all the expert witness work himself, but realized later that having an effective team in place will benefit him and those attorneys that hire him. For him, having a great editor saved money and time.
Additional insights shared in this episode includes how to organize case files, the expert's role on the stand and not taking cross-examination personal. He expands on this last point, "Experts should realize that no matter how challenging the question is, no matter how personal the questioning gets . . . the lawyer is doing their job." The benefit of understanding this is the same lawyer that cross-examined you "may come back and hire you two or three years later because they know you understand that."
In this episode…Our guest, Jim O'Reilly, is a Professor at the Public Health Department of Environmental Health, College of Medicine at the University of Cincinnati. Jim O’Reilly is the last survivor of the group that negotiated the 1975-76 medical device amendments. He was the chair of a 8,000-member American Bar Association's section of Administrative Law and Regulatory Practice. His first book in 1976 was rejected four times by four publishers, but went on to become a bestseller on FDA regulatory law. He went on to write 56 books and awaits the committee's decision by Thomson Reuters West on his 57th book.
On this episode, Michelle Loux interviews Jim about his journey as an expert witness in public health. His start as an expert was unique and surprising. On March 20th, 2000, his phone rang and the person on the other end said, "Professor, this is John Doe from the Washington Post. What do you think of the United States Supreme Court calling you the expert on FDA law?" That recognition from the Supreme Court launched him as an expert witness. From his years of experience as an arbitrator to being an advisor in a special project for the Deputy Secretary General of the European Union and meeting with 23 other countries to discuss regulatory law, to currently teaching public health, he has an appreciation of what it means to be a successful expert witness. He shares that being an expert witness is a "once-in-a-lifetime opportunity, so be attentive to the limitations . . . try to be as middle of the road as you can, you want to have good foundational support."
Steve Haas is the Principal at Tailored Solutions, and a dynamic executive with broad retail experience in planning, buying, merchandising, and operations and has a consistent track record of delivering results across diverse product categories within multiple national retailers.
In this episode…Our guest, Steve Haas, is an expert witness with industry expertise spanning large and small retailers in both established and startup mode. His experience, both nationally and internationally, sets the stage for a vibrant conversation about work as a retail industry expert witness.
On this episode, Michelle Loux interviews Steve, discussing everything from preparing for expert witness interviews with attorneys, to writing expert reports, and body language in the courtroom. Steve also details his passion for the work, and how he hones his role working with legal teams striving for success.
Laura DiBella is the Deputy Secretary of Commerce at Enterprise Florida, whose focus is on public and private partnerships in Florida ports, economic development, and international trade. Laura was Florida's first female Secretary of State, and is a proud Floridian championing economic development in the state.
In this episode…Our guest, Laura DiBella, is an expert witness with a background in ports, maritime supply chain, and economic development. Her experience as an expert witness is founded in a range of industry experience that includes Nassau County Executive Director of the Economic Development Board, Executive Director of Florida Harbor Pilots Association, and beyond.
On this episode, Michelle Loux interviews Laura, discussing everything from the path to becoming an expert witness to unique experiences that she had during her career. Laura also provides insight on balance and organization as an expert and how her work has increased her confidence. Litigators and experts will walk away from this conversation with some fascinating insight on the professional journey of a renowned expert witness.
Dr. Eric Cole is an expert, industry leader and author in the world of Cybersecurity with 30 years’ experience. He began his career with the CIA as a professional hacker when network and computer security was in its formative years. Dr. Cole eventually left the intelligence community to join the SANS Institute where he developed coursework that is now the foundations of the SANS Information Security Training and Security Certification.
In this episode…Our guest, Dr. Eric Cole, is a cybersecurity expert witness with over 30 years' experience. He started out as a CIA professional hacker, was part of the Commission on Cyber Security for President Obama and consults with Fortune 500 companies. You might know him from his own podcast, Life of a CISO: Become a World Class Chief Information Security Officer.
On this episode, Michelle Loux interviews Dr. Cole, discussing his career path in cyber security and what he wishes he knew back in the early days as an expert witness. His perspective on trial prep and assembling expert reports illuminates several tips that only come with deep experience. Litigators and experts alike will walk away from this discussion with a better understanding of how a successful cyber security expert works towards his law firm client's success and navigates challenges in the profession.
Dr. Nathaniel Herr is a clinical psychologist, currently serving as an associate Professor of Psychology at American University. His research focuses on the etiology and effects of interpersonal dysfunction, emotion regulation difficulties, and identity disturbance particularly among adults or emerging adults with borderline personality disorder (BPD).
In this episode…Our guest, Dr. Nathaniel Herr, is a clinical psychologist whose research at the Interpersonal Emotion Lab studies how our emotions influence our interpersonal relationships, and importantly, how our interpersonal relationships influence our emotions.
On this episode, Michelle Loux interviews Dr. Herr, starting with a recollection of the impact that two expert witnesses left on him during his time as a juror. Their conversation touches on the interpretation of facial expressions, techniques for interpersonal relationships in business, and how to apply these learnings as an expert witness.
Dr. Richard Laton is an expert in the field of hydrology and hydrogeology, currently serving as an associate professor in the Department of Geological Sciences at Cal State University, Fullerton. His extensive knowledge in the areas of hydrogeology, soil and water contamination, wetlands, coastal monitoring/geomorphology, and more have led him to a career in litigation support, teaching, consulting, and management.
In this episode…Our guest, Dr. Richard Laton, is the President and Founder of Earth Forensics Incorporated, and an Associate Professor at the Department of Geological Sciences at Cal State University, Fullerton. His knowledge has taken him across the country, to Europe and Asia, supporting litigation and showcasing his perspective globally.
On this episode, Michelle Loux interviews Dr. Laton, discussing everything from the water supply to differences across international legal systems. They also explore the ins and outs of Dr. Laton's experience and learnings as an expert witness, including time management, interviews, drafting contracts, deadlines and more.
Dr. John Steinberg is an expert witness in internal medicine, pyrotechnics, accident investigation, and more. A native of Baltimore, Maryland, who graduated from the McDonogh School as a National Merit Honors Finalist. Dr. Steinberg maintains a practice in General Internal Medicine, with emphasis on addiction medicine.
In this episode…Our guest, Dr. John Steinberg, is an expert in two distinct areas, internal medicine and pyrotechnics. These contrasting practice areas have led to a very unique perspective as an expert witness, and a range of professional experiences.
On this episode, Michelle Loux interviews Dr. Steinberg, exploring impactful lessons from his career having testified for a range of clients. Michelle and Dr. Steinberg also discuss his case preparation process, as he works between 5-20 cases per year.
Dr. Douglas Kalman is Senior Vice President of Natural Products and Dr. Susan Hewlings is Director of Scientific Affairs at Nutri Source / GRAS Associates. Both of our guests this week are co-founders of Substation Sciences, and expert witnesses in sports nutrition and food science. Dr. Kalman and Dr. Hewlings have worked individually and as a team on a variety of interesting cases for both the plaintiff and defense.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dr. Douglas Kalman and Dr. Susan Hewlings to discuss their unique expertise and careers as expert witnesses. They detail the lessons they've learned working with legal teams and how to achieve success in the role. This includes the management of expectations, ensuring good communication and the importance of being concise with case details. Tune in to this episode for all this and much more!
David Harkavy is a Director at Delta Consulting Group in Chicago, IL. As a consultant and expert, he specializes in the causation and determination of economic damages and the valuation and licensing of intellectual property. David has consulted litigation clients involved in patent, trademark, trade secret and copyright infringement matters, as well as antitrust and breach of contract issues.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with David Harkavy to discuss a range of interesting lessons that he has learned during his time as an expert witness. David details the systems he has in place to keep information fresh when working on multiple cases over extended periods of time. He also explains why it is important to create an outline of your expert report for the Council, as long as it is not discoverable. Tune in to this episode for all of this, and much more!
Dennis McAllister is the founder of McAllisteRx Consulting LLC. He is consultant and expert with years of experience in the areas of pharmacy standard of care, negligence, pharmacy laws and regulations, pharmacy automation and development of innovative practice models.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dennis McAlister to discuss some of the things that he wishes he knew when first starting his career as an expert witness. Dennis shares his thoughts on the double edge sword that is the expert's responsibility to support the attorney's case while also providing thoughts and insights on the difficulties associated with winning. He explains his process of looking for gaps in a case that he can help the team address and prepare for, his thoughts on the interview and contract process, and much more.
Kevin M. Quinley is a thought leader in insurance claims. Currently, he is the Principal of Quinley Risk Associates in the Richmond, VA area and assists clients throughout the country. He has 40+ years experience in managing casualty claims and litigation. He has a BA from Wake Forest University and an MA from the College of William & Mary.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Kevin Quinley to discuss why project management is a powerful skill to possess as an expert witness. Kevin shares some tips on mapping out and planning your work week for a broad-spectrum view of all of your commitments. He also goes into detail on what questions should be explored during an initial interview with prospective clients and how to prepare for deposition.
Dr. Jolie Brams is a Clinical and Forensic Psychologist and has assisted attorneys on matters with complicated psycho-legal issues. She views the role of a forensic psychologist as more than just an evaluator, but also as an educator to the attorney and tried of fact, and someone to provide creative and novel approaches to facilitate the resolution of a case.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dr. Jolie Brams to discuss the importance of simplifying ideas as a forensic expert. Dr. Brams also speaks on how her experience as a clinical psychologist informed her perspective of plaintiff's and defendant's rights in both civil and criminal cases.
Charles Ehrlich is an expert consultant and witness in insurance matters, including claim handling coverage, good faith, bad faith, errors and emissions, environmental and many others. His perspective as an expert consultant and arbitrator is rooted in almost two decades as a senior Insurance executive and twenty years as a practicing litigation lawyer.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Chuck Ehrlich to discuss what he wishes he had known in his early work as an expert witness. This sparks some valuable lessons, as he recounts the importance of confidentiality under Federal 26, deposition prep, and how to prepare for the role. Charles also details how he transitioned from litigator to expert witness, as he has filled both roles in his career.
Kantha Shelke, Ph.D., CFS, founded Corvus Blue LLC, a Chicago-based food science and research firm, to assist progressive companies with strategic industry competitive intelligence, innovative new product/technology development and rapid commercialization of honestly healthful foods and food ingredients. She writes and lectures extensively with engagingly candid insights in the health, wellness and business aspects of the food and beverage sector.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dr. Kantha Shelke to explore what she wishes she had known when entering the expert witness consulting space. These lessons include the importance of having clarity on the breadth of materials provided to her as an expert and how to be concise and precise as a communicator. Dr. Shelke also discusses the culinary and manufacturing knowledge required to succeed as a food science expert witness and a number of pieces of advice she has for anyone pursuing a successful career as an expert.
Michael A. Einhorn is an economic consultant and expert witness in the areas of intellectual property, media, entertainment, technology, trademarks, publicity rights, and product design. He received a B.A. from Dartmouth College, a Ph. D. in economics from Yale University, and is the author of Media, Technology, and Copyright: Integrating Law and Economics (Edward Elgar Publishers, 2004) and over seventy professional articles in the area of law and economics. He is also a former professor of economics at Rutgers University, a Member of Technical Staff at Bell Laboratories, and an economist at the United States Department of Justice.
In this episode…
In this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dr. Michael Einhorn to explore his work as an expert witness and what inspired him to focus on economics. He talks about his work at the Department of Justice, and how that experience provided an opportunity to work with lawyers and evolved into the areas of intellectual property and media. The conversation includes Dr. Einhorn’s perspective on how COVID has impacted the expert witness role, as well as thoughts on how he approaches the formulation of his expert reports.
Dr. BJ Hawkins has more than 30 years experience as a business executive in a variety of corporate structures. She held profit and loss executive management positions with two Fortune 100 Corporations and C Suite positions in mid cap, closely held, family owned, and small businesses. Dr. Hawkins is a Licensed Professional Fiduciary with Court appointments as a Trustee, Special Needs Trustee, Estate Administrator and Conservator. She has been retained as an expert in trustee malfeasance, breach of fiduciary duty, elder financial abuse and other related matters.
In this episode…
On this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Dr. BJ Hawkins to discuss what she wished she knew when she started her career as an expert witness. Dr. Hawkins explains how her gained experience of working with attorneys as colleagues informed her perspective on the importance of establishing a rapport and communication directly with the attorney responsible for the case. She also goes into detail on her experience with expert report writing, and how to transform from a competent report writer to an extremely good report writer.
Louis G. Fey Jr. has over 40 years of hands-on multi-line insurance industry experience, Lou is an expert on claim handling standards, claim practices, claim procedures, bad faith, underwriting standards and practice, coverage, policy drafting, and agency errors and omissions. Louis is a CPCU, CIC, AIC, at Fey Consulting LLC, helping clients identify defenses and strategies, clarify coverage issues, and assisting with other insurance professionals or insurance companies, and evaluate allegations of bad faith or agent’s E&O.
In this episode…
On this episode of our podcast Discussions at the Round Table, host Michelle Loux connects with Louis Fey to gain insight on what he wishes he knew during his early days of insurance related expert witness work. He talks about how COVID has changed the role of testifying expert and also details his storied career in mediating cases and how he developed his ability to defend his position overtime and learned to improve his expert writing skills.
Mike Slinn is an expert witness, specializing in computer hardware and software technology. He has been accepted as a software expert witness in US Federal courts and in the International Court of Arbitration of the International Chamber of Commerce in Paris, France. For more than 20 years Mr. Slinn as provided expert testimony under oath at trial, for hearings, and for depositions. The scope of his engagements include opining and providing declarations regarding hardware and software patents, commercial disputes and trade secret litigation matters.
In this episode…On this episode of our podcast Discussions at the Round Table, Michelle Loux sits down with Mike Slinn to talk about his career and how he wishes he had a better understanding of the differences between client management as a computer consultant and an expert witness. Mike shares knowledge acquired on his first case, the importance of mentorship, and how his experience as a musician improves his performance as an expert witness.
Larry Chiagouris has been called “a branding guru" an “All-Star marketing strategist”, and “a consumer behavior expert” by the media. His opinions on modern marketing practice have appeared in hundreds of media outlets throughout the world, including the Today Show, Fox News, and The Wall Street Journal. He is one of the few marketing executives who, over the course of a career, has held senior positions in advertising, public relations, and Internet marketing.
In this episode…
On this episode of our podcast, Discussions at the Round Table, Dr. Larry Chiagouris joins host Michelle Loux and shares his advice for new experts getting started in consumer behavior related cases. Larry details his experience in marketing, branding, and advertising, and how important structure and simplification is when providing a written or verbal opinion as an expert witness. He also explores the importance of avoiding assumptions as an expert and a detailed discovery process when bringing your expertise to a case.
Rich Sanders is widely considered to be one of the only “seasoned” experts that is qualified to opine on cryptocurrency-related cybercrime. Rich is seen as a subject-matter expert by the FBI and at the “top of the Rolodex” for Special Agents who have questions concerning blockchain-related cybercrime. Rich maintains extraordinarily strong working relationships with various law enforcement and regulatory agencies both in the U.S. and around the world and helps advise them on best practices, and events that are unfolding in the industry.
In this episode…
On this episode of our podcast Discussions at the Round Table, host Michelle Loux talks with Rich Sanders about his experience as a blockchain expert witness and what it is like filling a very in demand niche role. He shares his advice for up-and-coming blockchain experts and how they can approach their work given the massive demand and limited supply of experts in this space.
Jane Downey, M.Ed, ARM is President of Clarity Concepts Inc, and provides Enterprise Risk Management consulting, insurance broker management, workers compensation claims reduction programs, and outsourced risk management along with leadership, mentoring and team training to corporations, universities and other organizations. Jane also serves as insurance expert witness in insurance related litigation. Her areas of expertise include Insurance Claims Handling, Risk Management & Risk Control Standard, Insurance Broker Service/Agent Professional Liability and Insurer Bad Faith.
In this episode…On this episode of our podcast, Discussions at the Round Table, host Michelle Loux talks with Jane Marie Downey and they talk about her experience as an insurance and risk management expert witness. Jane shares some common occurrences within her day-to-day work as an expert, including some interesting stories about testimony and how to change the dynamics of a room.
Dr. Steven Feinberg is Board Certified by the American Board of Physical Medicine and Rehabilitation, the American Board of Pain Medicine and the American Board of Electrodiagnostic Medicine. He is a California Qualified Medical Evaluator (QME) and a past president (1996) of the American Academy of Pain Medicine.
In this episode…
On this episode of our podcast Discussions at the Round Table, Steven Feinberg discusses with host, Michelle Loux, on what he teaches his younger colleagues that are new to medical legal work. He shares knowledge on what new experts should expect when working for either the defense or plaintiff, the mindset to approach casework, and the importance of making yourself available for your law firm clients.
In this episode...
Our guest today on Discussions at the Round Table is Pete Fowler, a construction consultant, professional cost estimator and President of Pete Fowler Construction Services, Inc.
On this episode, Assistant Project Manager Michelle Loux speaks with Pete on how he got started working in construction management and expert witness consulting. Pete shares everything from his early and continued inspiration from his mother to how he prepares for testimony and deposition with his attorney and how he breaks down his expert witness writing process.
Pete Fowler Bio
Pete Fowler is a construction consultant, professional cost estimator, President and Chief Quality Officer of Pete Fowler Construction, a licensed general building contractor in California, Nevada, and Oregon. Pete received a B.S. in Construction Management from CSU, Chico. He has held certifications from AAMA, ASPE, ICBO, and others. Mr. Fowler has published articles in national magazines, has been invited to speak by the most important groups in the building industry (AAMA, APRA, ASPE, ASTM, BETEC, CAI, CLM, ICC, NIBS, PLRB, RCI, etc.), and has composed and delivered hundreds of educational programs.
Thomas Cheng, Associate Professor at the Faculty of Law of the University of Hong Kong, is currently a member of the Hong Kong Business Facilitation Advisory Committee and was an inaugural member of the Hong Kong Competition Commission. He assisted the Hong Kong government in drafting the city’s first comprehensive antitrust law. In addition, Thomas holds a number of international advisory positions, including as a member of the Advisory Board of the American Antitrust Institute, and as a member of the Executive Board for the Academic Society for Competition Law. His research has focused on competition law and policy, particularly as they relate to developing countries. Professor Cheng previously practiced law at Simpson, Thatcher & Bartlett in New York prior to transitioning into academia.
Steve Adkins, Partner at McGuireWoods in Washington, D.C., focuses his practice on Intellectual Property and Trade Litigation involving Section 337 of the U.S. International Trade Commission. He is currently a member of the U.S. International Trade Commission Committee, Intellectual Property Owners Association. Steve has worked on behalf of clients based in the United States, Asia, Europe, and South America in a variety of industries, including automotive, computer software, telecommunications, chemicals, mechanical patents, and semiconductors. He has represented companies in roughly 75 ITC investigations and U.S. Customs and Border proceedings.
In this episode…As the United States transitions between administrations and trade tensions between the U.S. and Asia are high, many are looking for guidance in this rapidly changing landscape. Our experts, Thomas Cheng and Steve Adkins, discussed competition, antitrust, and patent law, with an emphasis on the current state of trade litigation between the United States and Asia.
Most don't think about how integrated GPS technology is in our everyday actions. From dialing 911 to find our location, tagging friends on social media at a restaurant or tracking flights, it's become a necessary tool that continues to evolve. Our guest, Dr. Stephen B. Heppe, DSc. is one of the leading experts in this field.
Dr. Heppe has over 40 years of experience in the area of telecommunications, electrical engineering, radio/radar, unmanned aircraft, and GPS/GNSS with General Electric Space Division, Stanford Telecommunications, Telenergy, Insitu/Boeing, and independent consultancies.
He has served as an independent consultant and expert witness relating to satellite communications, cellular and radio technologies, mobile data applications, fleet tracking, GPS and GNSS systems, robotics, and automation. Expert witness work includes over 50 cases involving patent disputes (Federal Circuit, PTAB and ITC), theft of intellectual property, and breach of contract.
Our Exclusive Experts are available only through Round Table Group. They have demonstrated excellence in expert witness testimony as well as in academic and professional achievement.
In this episode . . . .
In this episode of Discussions at the Round Table, Dr. Heppe discusses his rewarding start at InSitu working with UAVs and communications and developing drones for the U.S. military. Due to his successful role as an expert witness, he shares his insight on what a successful attorney client and expert witness consultant relationship looks like. To round out his discussion, he forecasts technology changes in GPS and hints at his new projects with stratospheric airships and truth-telling on the Internet. This is an episode you don't want to miss!
Dr. Juan Pimentel, automotive industry consultant is an expert in the areas of autonomous vehicles, automotive in-vehicle networks, automotive safety and cybersecurity. He has published extensively and has written several books. One of his latest publications is a series of five edited books for SAE International on various topics related to the safety of automated vehicles. He is on several ISO and SAE committees involving safety of the intended functionality (SOTIF) and vehicle cybersecurity. He is an experienced expert witness.
Prof. Mark Ehsani is the Professor of electrical engineering and Director of Advanced Vehicle Systems Research Program and the Power Electronics and Motor Drives Laboratory at Texas A&M University. He is the author of over 400 publications, 20 books, and over 24 US and EU patents in pulsed-power supplies, high-voltage engineering, power electronics, motor drives, and advanced vehicle systems. Prof. Ehsani has worked on over 50 matters, many of which were patent-related.
In this episode…Our society is going through a powerful shift as we move from gas-guzzling vehicles to electron-guzzlers. Both established automotive manufacturers and suppliers, as well as start-ups, are developing technologies at break-neck speeds to create the vehicles that will become the standards for the coming age. Along the way, patents will be filed and challenged, and technologies will be founded, stolen, and borrowed.
Prof. Mehrdad (Mark) Ehsani and Prof. Juan Pimentel have front-row seats to the ongoing show and recently discussed what they’ve observed so far, and what is coming up, as the international free-for-all continues.
Mr. Jerry Davis is a recognized thought leader in the supply chain, 3PL, and reverse logistics industries, with decades of experience starting with the supermarket industry in the 1970s.
Dr. Zal Phiroz is an expert on global supply chain management, and a professor at the University of California, San Diego, specializing in supply chain analytics, operations management, and data analytics.
In this episode…As we steer through the daily changes inherent in navigating the pandemic, we are also looking to the future. As attorneys, we need to advise our clients on risk as they role out new policies swiftly and help them prepare for the inevitable wave of litigation as unexpected ramifications or events overtake them. The areas we are focusing on today are the supply chain and logistics. We held a discussion with two of our experts, Dr. Zal Phiroz and Mr. Jerry Davis, and asked them their opinions on some of the issues likely to arise due to such disruptive times.