Criminal law expert witness Richard Leo testified last week regarding what he believes was the false confession of Angelica Swartout. The Oregon woman is accused of killing her newborn baby. Dr. Leo is a University of San Francisco law professor recognized for his research on police interrogation practices, the impact of Miranda, psychological coercion, false confessions, and wrongful convictions.

In Businesses find greater need for cyber liability insurance, Mark Schwartz, CEO of Corporate Insurance Advisors, says many small businesses are not aware that their traditional general liability insurance policies do not cover cyber liability claims. Cyber liability insurance expert witnesses may opine on coverage for malicious code or viruses, loss of data, and correlated matters.

Read more: miamiherald.com.

Insurance expert witnesses may testify on commercial liability policies, risk management, and insurance class actions, as well as associated matters. In The Next New Thing: Coverage Issues from Fracking Claims, Brian S. Martin, partner in the Insurance Litigation and Coverage Practice of the law firm of Thompson Coe Cousins & Irons LLP, writes that the next litigation surge may be over the use of fracking in the oil and gas industry.

Read more: insurancejournal.com.

In What Should an Expert Witness Look for in an Attorney or Law Firm?, Dr. Gerry Goldhaber, Goldhaber Research Association, LLC, writes:

Recently, a lawyer’s group discussed in quite a bit of detail, the topic of what criteria a lawyer should consider when retaining an expert witness. While it is important for a lawyer to find a good expert to work with in litigation, it is also important for an expert to find a good lawyer.

My 33 years as a warnings expert has taught me that there are at least five rules that should help the expert maintain a healthy relationship with the lawyer.

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

“The worst part of a tight economy is a lack of funds to properly represent clients [President Carmen Roberto of the Ohio State Bar Association]. As a defense attorney he has had to forego hiring his own expert witness and relied on cross-examination of the prosecution’s witness. A possible upside is that tools like mediation, designed to ease court dockets, are being used now to save money.” (“Economy has ripple effect on lawyers,” J.D. Bruewer, October 5, 2010, www.limaohio.com.)

There you have it from the source: Attorneys do cut back on expenses in a bad economy and may even forego hiring an expert that they would otherwise have hired in a better economy. This equates to a lower retention rate for experts. That said, and with all due respect to Mr. Roberto, this is generally a big mistake in most cases. As Melvin Belli Sr. said, “The cost may be high to employ the expert, but it may be well higher not to employ one. Indeed, counsel who chooses to proceed without an expert may be flirting with malpractice.” (Melvin Belli Sr., Trial Magazine)

Forensic engineering expert witness Brad Shepherd, P.E., writes on power line incidents:

Overhead electrical power lines are installed on almost all major roadways and many other public and private rights-of-way. They are not insulated from contact (with few exceptions). When installed and maintained in accordance with the National Electrical Safety Code (NESC), they are safe as long as they are not approached (within certain limits) or touched by unskilled hands. However, contacts do occur and the result is always serious injury or death. These incidents usually result in litigation. The determination of why and how the contact was made and its preventability are the purview of the Forensic Electrical Engineer.

Mr. Shepherd has practiced professional engineering for forty years as an electrical engineer and engineering manager in industry.

Airline industry expert witness Daniel Akins testified in New York bankruptcy court that American Airlines will need to merge with US Airways to recover from bankruptcy. Akins is a transportation economist with over 20 years of industry experience and has been involved in the restructuring of U.S. airlines including American, Continental, US Airways, United, and Hawaiian.