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Most crypto lawsuits I see labeled “cryptocurrency disputes” are not really about cryptocurrency at all. They are about hardware, power, cooling, and site operations. That is Layer 1. It is the physical layer of crypto, and it is where most Bitcoin mining cases actually live.

Attorneys often hire a general crypto expert for these cases. That is a mistake. A blockchain analyst who traces wallets cannot tell you why a hosting site went down. A token economist cannot explain why an ASIC fleet underperformed its stated hashrate. A Layer 1 case needs a Layer 1 expert.

Here is what makes someone qualified to serve as one:

If your case involves crypto and you need an expert witness, you typically search for a “cryptocurrency” expert. That term is too broad. It covers everything from forensic analysts who trace stolen funds to operators who manage industrial mining facilities to attorneys who draft token sale agreements. These are not the same skill set. Hiring the wrong one is like bringing a cardiologist to a bone fracture. Qualified, sure. Wrong specialty. What’s best for your client, budget, time and case? No.

Crypto is a stack. Five layers, each with its own technology, its own risks, and its own kind of dispute. Before you evaluate any expert’s credentials, degrees, or courtroom experience, answer one question first: what layer does my case live on?

Let’s look at them:

The article “Determinant Factors of the Expert Witness Quality of Forensic Accountants in Corruption Crime” examines the factors that influence the quality of Forensic Accountant Expert Witness testimony provided by forensic accountants in corruption cases.

The researchers employed survey methods and a causal research approach to gather data from a sample of 33 forensic accountants with experience in trials or the investigative department. The study investigated three key factors: educational level, multidisciplinary training, and experience, hypothesizing that these factors would impact the quality of expert witness testimony.

The findings reveal that educational level and multidisciplinary training did not have a significant effect on the quality of expert witness testimony. This suggests that while formal education and cross-disciplinary training are important for forensic accountants, they may not directly contribute to the improvement of expert testimony skills.

Drone Expert Witnesses may soon be called to testify on how and to what extent authorities can remotely identify a drone’s pilot.

At the Federal Aviation Administration’s Unmanned Aerial Systems (UAS) Symposium in Baltimore, the Federal Aviation Authority (FAA) debated the question of when they will allow the identification of the operator of unmanned drone aircraft.

As reported by Ben Hanock in his article: “What’s Next: Whose Drone is That?“, this  “remote ID” rule could be a first step to more permissive regulations for commercial drone flights.  Authorities want to be able to know who’s operating the drones  before drone flights out of the line of sight are allowed.  Right now they are generally not allowed under FAA regulations.

Professional blogger Rosemary Jones provides her perspective on the common problems of being an expert witness.  Ms. Jones writes on several niches particularly in law, including personal injury, estate planning, business law, real estate law, construction law, criminal defense law and DUI law. Read more about her blog posts on Band Gates & Dramis.

Common Problems of Being an Expert Witness

An expert witness is often hired to provide their opinion on the facts of a case and the entailed legal proceedings. have both the knowledge and practical experience to offer their perspective on the matter, being specialists in their fields. While at first glance, it might seem like an easy thing to be an expert witness, in reality, there are a lot of things to take into consideration. Some problems can appear when one is an expert witness, as you will have the opportunity to read below.

Copyright Expert Witness Scott Hampton and Ashley Bailey of Hampton IP & Economic Consultants, LLC posted the following article:

Viral Videos Challenging the Enforcement of Copyrights

In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation’s copyright law.1 In an ever-changing digital world, copyright law must continue to evolve with technology.

Toxicology Expert Witness John P. Bederka, Ph.D. of TOXICULL Associates writes in his article about the need for businesses,  governments,  legal  entities,  and  scientists to effectively evaluate the increasing prevalence of marijuana use.  He poses and analyzes many questions in the article, including the following:

1. Is there any relationships between blood THC v. brain THC?

2.How does the percent THC in the smoked marijuana cigarette relate to blood levels of THC in the user?

HIPAA Expert Witness Michael Arrigo provides the following Healthcare Policy Update: CMS Suspends Payment on Certain ICD-10 Claims

CMS Systems Not Ready for All NCDs and LCDs

We may be seeing one of the first latent indicators of the financial impact of ICD-10 with today’s announcement. CMS stated in a November 20th 2015 email that its systems are being updated to accommodate ICD-10 NCDs and LCDs. This also resulted in “temporary” suspensions of payments for LCDs. CMS states, “Claims affected by these edits were temporarily suspended.”