Expert Witness Blog

The Virtual Chase, an online legal research website founded by law librarian Genie Tyburski, is now powered by Justia. The re-launched Virtual Chase features a new design, as well as additional online legal research and community resources for law librarians and other legal professionals. Legal resources on The Virtual Chase are now organized in four broad categories: Community, Legal Research, Law Libraries and Other Resources.

The Legal Research section provides federal and state law and government guides, links to general legal resources such as portals and search engines, and legal practice areas research guides. This section also includes resources on finding a lawyer, electronic discovery, and locating expert witnesses. Those interested in business research will find resource links to business news, company information and public company filings. Users may also browse through the extensive resources and public records available online to researchers.

The Virtual Chase also provides guidance to researchers on how to evaluate online sources through a series of articles and checklists on information quality.

Marketing strategy expert witnesses may opine on market analysis, market barriers, market research, and market share. Here, marketing strategy experts at the American Marketing Association (AMA) and ReadyTalk offer Web Event Best Practices: Promotion:

Best Practice #3: Create a Compelling Title and Abstract

Take the time to craft an event title and abstract that will spark interest among the target audience. Use a “hook” such as a catchy event title if appropriate for your target audience. Keep the event abstract brief, punchy, and easy to read. Use bullet points where possible. Highlight the expertise of your speaker(s). Clearly communicate who the event is targeted at, what they will learn if they attend, and why they can’t afford to miss the event. As a rule of thumb, target no more than 15 words for the title and 150-200 words for the abstract.

Marketing strategy expert witnesses may opine on market analysis, market barriers, market research, and market share. Here, marketing strategy experts at the American Marketing Association (AMA) and ReadyTalk offer Web Event Best Practices:

Best Practice #2: Define the Audience & Deliver Value, Not a Sales Pitch

Clearly articulate the target audience for the web event and don’t try to reach too broad of an audience with a single event. What is their job function? What is their geographic location? What are their key pain points and business problems? Then, design the event from the ground up to meet the needs of this target audience.

Keep their geographic location(s) in mind when scheduling the time for the event. For example, don’t schedule it for the afternoon Eastern Time if you are trying to reach an audience in Europe or for the morning Eastern Time if your target attendees are on the West Coast.

Select a topic that will catch the target audience’s attention and entice them to register for and attend the event. Position yourself as an industry thought-leader and deliver highly relevant content of value to the audience. The event should be more than a thinly-veiled sales pitch or product demonstration–events of this nature will be perceived as such and greatly decrease audience attendance and engagement.

Consider offering an additional value-add to encourage registrants to attend; for example, offer attendees a free research report or chapter from a book that is relevant to the target audience.

Marketing strategy expert witnesses may opine on market analysis, market barriers, market research, and market share. Here, marketing strategy experts at the American Marketing Association (AMA) and ReadyTalk offer Web Event Best Practices:

Best Practice #1: Plan Like You Would for an In-Person Event

Don’t skimp on planning for your web event – treat it with the same level of care as you would an in-person event. Ensuring a well-attended, seamless, and high-quality web event requires advance preparation that begins at least 6 to 8 weeks before the live event. Items to address during planning include target audience, topic and content, date and time, event format, speakers, promotional activities, and follow-up strategy.

Marketing strategy expert witnesses may opine on market analysis, market barriers, market research, and market share. Here, marketing strategy experts at the American Marketing Association (AMA) and ReadyTalk offer Web Event Best Practices:

A successful web event can help strengthen a company’s brand awareness, increase exposure in the market, and generate qualified sales leads. If done right, it can elevate an organization’s credibility and reinforce its position as an industry thought leader. However, running a high-profile web event can be intimidating and challenging.

The American Marketing Association (AMA) and ReadyTalk have produced hundreds of effective web events and have learned that the best results are achieved through advanced planning and treating web events with the same care traditionally reserved for in-person events.

In this guide, ReadyTalk and the AMA share best practices, tools and samples for planning and executing a successful web event. Use this information-packed document as a supplemental guide to help make web events a great experience for you and your audience.

The Technology & Maintenance Council (TMC) of the American Trucking Associations will hold its 2010 Fall Meeting and TMCSuperTech2010 National Technician Skills Competition Sept. 20 to 23 at the Raleigh Convention Center in Raleigh, N.C. The meeting theme, Quality Control in Maintenance Operations, will be carried out through technical sessions covering management, training, product selection, regulations and the environment.

TMC, a technical council of American Trucking Associations, is North America's premier technical society for truck equipment technology and maintenance professionals. TMC features a diverse membership of equipment managers, service-dealers, owner-operators, industry suppliers and manufacturers, educators, academia and others that support the trucking industry. Trucking industry expert witnesses may be found here: experts.

For more, see ATA.com.

In 5 Things You Have To Do Before You Start Any Negotiation, sales expert Dr. Jim Anderson writes:

To help get you properly prepared for your next sales negotiation, I’ve got some suggestions. Here are five steps that you need to take before you sit down at the negotiating table:

# Deal With “No”: Arguably the word “no” is one of the most powerful words in the English language and it can stop any sales negotiator in his / her tracks if you aren’t prepared for it. Before the negotiation starts you need to assume that the other side is going to say “no” to every proposal that you make. Knowing this, you need to decide in advance how you are going to react when they say it.

# Pick Your “Gets”: It’s a fact of life during any negotiation that you’re going to have to give in on some points. Knowing that this will happen, before the negotiation you need to make a list of what you’re going to get from the other side when you make a concession to them.

# Set The Scene: All too often it’s after a negotiation has started that a negotiator discovers that where and when the negotiation is happening is not in their best interests. Take some time before the negotiation is even scheduled to pick where and when you want it to happen – make sure that it’s easy for you to get to (and to leave) and that it works with your schedule.

For more, see theaccidentalnegotiator.com.

On July 5, 2010, financial planning experts at Equestrian Professional will begin a three-part seminar series on financial planning for horse professionals. This series will focus on what horse professionals can do to create a secure financial outlook for their businesses and their own financial future.

The first seminar we will address financial recovery and stability. The speaker will be successful farm manager, Pam Saul of Breslin & Young financial planners. The second seminar in the series will focus on asset and earnings protection. The speaker will be equine insurance expert, Reed Schroeder, who will cover insurance options for horse professionals. The third and final seminar in the series will focus on building for the future - financial planning and prosperity. The speaker will be investment manger, Marc Reisman, who will discuss retirement planning and investment options for horse professionals.

If you are in the horse business, you can't afford to miss this seminar series. Equestrian Professional's seminars can be attended online via webcast or via your phone. The lecture portion is free to all horse professionals but you must register to attend.*

For more, see dressagedaily.com.

On July 5, 2010, financial planning experts at Equestrian Professional will begin a three-part seminar series on financial planning for horse professionals. This series will focus on what horse professionals can do to create a secure financial outlook for their businesses and their own financial future.

The Reactions
Many horse business owners have dipped into their retirements and savings (or maxed out their credit) in order to weather the recession. Others have made significant (and successful) changes to their businesses, but are finding that they must now adjust their business model in order to make these changes more profitable. Still others are in a state of uncertainty – the recession may have presented them with an opportunity- for example, to purchase discounted real estate or invest in a special horse. However, they find themselves reluctant to make a commitment in the current economic climate.

Whether a business has taken a direct hit or only been marginally effected - the recession has created a tumultuous business climate and currently, most horse businesses are either financially unstable or in some stage of economic recovery.

For more, see dressagedaily.com.

In 5 Things You Have To Do Before You Start Any Negotiation, sales expert Dr. Jim Anderson writes:

To help get you properly prepared for your next sales negotiation, I’ve got some suggestions. Here are five steps that you need to take before you sit down at the negotiating table:

Create A “Want” List: How can you be successful during a negotiation if you don’t know what you want? Take the time to create a list of what you want to get out of the negotiation. Be careful here: not all wants are created the same. Make sure that you distinguish between the ones that you can’t live without and the ones that would just be nice to have.

Pick A Start And An End Point: Before you start any negotiation, you can pretty much identify the main issues that will be coming up during the negotiation. Take the time to determine what your starting offer is going to be for each of these points. Many negotiators do this step and then forget to do the next part – make up your mind as to where you are going to be willing to end up on this point.

For more, see theaccidentalnegotiator.com.

On July 5, 2010, financial planning experts at Equestrian Professional will begin a three-part seminar series on financial planning for horse professionals. This series will focus on what horse professionals can do to create a secure financial outlook for their businesses and their own financial future.

The Problems
The recession has had a widespread effect on the equine industry. Sales barns and breeders are supporting unsold inventory or are selling horses below cost. Show barns have reduced the number of shows they attend, are competing closer to home, and/or are bringing fewer customers on the road. Trainers and professional riders are implementing new strategies to attract and retain clients: i.e. leases and syndicates have gained popularity. Additionally, some trainers are moving into new markets, like selling online training programs. Boarding stables are dealing with more past due accounts and abandoned horses than ever before. Rescues are over burdened with unwanted horses and their donors are tapped out.

For more, see dressagedaily.com.

In

The Healthy Choice

A recent Life Cycle Analysis of wood flooring conducted by the University of Wisconsin supports this belief. The study compared five different floor coverings in regard to four substances considered to be harmful to the atmosphere: carbon dioxide, methane, nitrogen oxide and particulate matter. All these substances contribute to atmospheric warming and human respiratory ailments. The results of the study show that wood flooring had no emissions for methane, nitrogen oxide and other particulates, and minimal emissions for carbon dioxide. Wood floors also have the added benefit of not harboring allergens, microorganisms or harmful pesticides that can be tracked in from outdoors. In addition, dust, mold and animal dander contamination is minimal in homes with wood floors, which can significantly improve indoor air quality.

In

The Healthy Choice

According to the United States Environmental Protection Agency (EPA), 50 million Americans suffer from allergies. Even more alarming, allergies are the sixth leading cause of chronic disease in the United States....

Environmental triggers can be controlled only to a degree, but one of the areas that has the most impact on allergens is the family home. Eliminating dust, mold and animal dander can have a huge impact on the home environment. One of the easiest ways to accomplish this is to replace your old, worn out flooring with hardwood floors.

According to an EPA study, wood floors do not harbor allergens, microorganisms or harmful pesticides that can be tracked in from outdoors. In addition, dust, mold and animal dander contamination is minimal in homes with wood floors. Based on these EPA findings, wood floors promote a healthier living, and work, environment.

Wood manufacturing experts at the Window and Door Manufacturers Association issued a briefing on the EPA Lead Rule Update:

EPA's new "Lead Rule" went into effect on April 22, 2010 requiring contractors, property managers and others paid to renovate structures built before 1978 to be certified by the U.S. Environmental Protection Agency (EPA).

WDMA staff and member company representatives have met with EPA and Office of Management and Budget (OMB) officials regarding the "Lead: Renovation, Repair and Painting" (RRP) rule expressing concerns over the lack of certified firms, trained renovators, and approved test kits that will be necessary to effectively implement the rule without significant disruption of home renovations throughout the U.S.

In addition to the opt out provision being removed EPA has issued two additional notices regarding the RRP rule. The first is a Notice of Proposed Rulemaking (NPRM) to strengthen the 2008 RRP rule in housing and child-occupied facilities by expanding post renovation requirements. The second notice is an Advance Notice of Proposed Rulemaking to announce EPA's intention to regulate renovations on the exteriors of public and commercial buildings. The EPA announcement goes on to say if EPA determines that lead-based paint hazards are created by interior renovations, EPA will propose regulations to address the hazards.

The National Ground Water Association is offering the two-day course, "Guidelines for Groundwater Legal Consultation," April 15-16 in Denver, Colorado. The course will introduce individuals to what is involved in being a groundwater expert witness — writing an opinion statement, grasping legal terminology, preparing for testimony, and setting up administrative benchmarks.

NGWA, a nonprofit organization comprised of more than 13,000 U.S. and international groundwater professionals — contractors, equipment manufacturers, suppliers, scientists, and engineers — is dedicated to advancing groundwater knowledge. NGWA's vision is to be the leading groundwater association that advocates the responsible development, management, and use of water.

For more, see wateronline.com

At The National Association of Social Workers (NASW) website, Carolyn I. Polowy, JD and law clerk Joel Gilbertson, write on Social Workers as Expert Witnesses:

Courts of law rely upon information offered in evidence as the basis for decisions rendered. Evidence comes in many forms, including photographs, recordings, devices, forensic evidence, documents, and individual testimony. Oral testimony by witnesses is, however, often the major source of evidence at a trial.

Witnesses who testify as experts play an important role in interpreting data, explaining complex material, and drawing knowledgeable inferences based upon their training and experience. Social workers are called to testify as expert witnesses on a variety of subjects. This Law Note discusses the role of the expert witness and reviews case law confirming the role of social workers as expert witnesses in a variety of settings.

For more, see NASW.

For the International Building Code expert witness:

The International Builders' Show (IBS), January 19, 2010, Las Vegas, is the largest annual building industry trade show in the country. Billed as "THE place to see and discuss the hottest products on the market and network with your friends and allies," IBS offers more than 175 education sessions taught by industry experts.

You can attend the show and not be a member of NAHB; however, NAHB members are eligible for discounted registration fees. The International Builders' Show is the largest annual light construction show in the world with attendees coming from over 70 countries. Show organizers state "We are proud to be one of the US trade shows to be chosen by the US Department of Commerce to participate in the International Buyer Program."

For more, see http://www.buildersshow.com/Home/Page.aspx?pageID=1.

The Gotham City Networking Expert Witness Group offers networking opportunities and monthly speaker/topic or group discussions on topics of interest to fellow experts. Scheduled meetings are Nov.16, Dec.14, Jan.11, Feb.8, Mar.15, May 20, June 21, Sept.13, Oct.18, Nov.15 and Dec.13, all at 12:15pm at Fabio Piccolo Fiore's Italian Restaurant (230 E.44th between 2nd and 3rd Ave.).

Please contact group leader Gerald M. Goldhaber directly to visit a monthly luncheon meeting.

Gerald M. Goldhaber, Ph.D.
President and CEO
GRA, LLC
(212)379-6661 (O)
(917)279-2303 (Cell)
www.goldhaber.com

The ABA Commission on Mental and Physical Disability Law and the ABA Criminal Justice Section announces a new publication Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals. The new criminal mental health/disability law book is the most comprehensive to date and the first book to examine in detail the legal relationships that link criminal justice, mental health, and disability discrimination law.

Chapters include:

A legal history of mental health and disability in the criminal justice system
Overview of legal terms, concepts, developments, and considerations
Criminal incompetency: pre-trial, trial, and post-trial
Insanity and diminished culpability
Dangerousness standards in the law, including death penalty
Jails, prisons and secure "treatment" facilities: conditions of confinement and release
Admissibility of expert evidence and testimony
Mental health diagnoses and assessments
Glossary
Detailed index and table of contents
Table of cases

To order, visit the ABA webstore or call: 1-800-285-2221

The topic for the April 20th meeting of the Forensic Expert Witness Association (FEWA) is “The NAS Report on Forensic Science and Legal Challenges to Scientific Testimony.” The presenter is attorney and UCI Professor William C. Thompson, PhD.

In February, the National Academies of Science issued their 254 page report, Strengthening Forensic Science in the United States: A Path Forward, that is quite critical of the state of forensic science in the United States. Professor Thompson is quoted in this report several times and will speak on how attorneys challenge science and the impact of this report for experts and the legal system.

William C. Thompson is Professor and Chair of the Department of Criminology, Law & Society at the University of California, Irvine. He has a Ph.D. in psychology from Stanford University and a J.D. from the University of California, Berkeley. He studies the way people interpret (and sometimes misinterpret) scientific and statistical data and has also written extensively about the use and misuse of DNA evidence.

Although primarily an academic, Thompson occasionally represents clients in cases involving novel scientific and statistical issues. He argued the first case on admissibility of DNA evidence before the Supreme Court of New Mexico and was a member of the “dream team” that represented O.J. Simpson during his criminal trial. He has consulted with police departments, coroners and lawyers on a variety of cases involving scientific evidence in the US, the UK, and Australia. He has also assisted in several important journalistic investigations of crime labs, including the investigation that exposed problems in the notorious Houston Police Department Crime Laboratory. It was Thompson who discovered the DNA typing error that falsely incriminated a Houston man named Josiah Sutton.

Thompson served as Reporter for the American Bar Association Standards Committee Study Group on DNA Evidence and was a member of the ABA Task Force on Biological Evidence. He co-chairs the Forensic Evidence Committee of the National Association of Criminal Defense Lawyers (NACDL). He is also a member of the California Crime Laboratory Task
Force, a body created by the state legislature to recommend ways of improving forensic science in California.

Monday, April 20th, 5:30PM - Radisson Hotel, corner of MacArthur Blvd. & Birch St., Newport Beach, CA 92660
Reservations Required: info@forensic.org or 949.640.9903
Non Members must prepay in advance MC or Visa with exp. date,
FEWA Members $45, Non-members $60