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In

Manners Matter for Expert Witnesses,

marketing expert Rosalie Hamilton writes :

As an expert witness, your demeanor can be critical to how triers of fact view you, your report, and your testimony. Respect, politeness and composure can make a big difference in how the jury sees you. In “Effective Expert Preparation and Presentation,” in The Advocate Magazine, May 2010, the Honorable Peter J. Polos (Ret.) writes that in addition to “Yes, sir/ma’am” and “Your Honor” that:

Experts should not let their tempers show no matter how bad the behavior of the questioning attorney. If the expert maintains his or her composure and the cross-examining attorney does not, it can only negatively impact the other side. Some of the the worst expert testimony I saw was due to argumentative or defensive testimony by the expert on cross-examination.

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Digital video expert witnesses may opine on digital multimedia evidence and streaming media, as well as related topics. The Law Enforcement & Emergency Services Video Association (LEVA) issued their Best Practices for the Acquisition of Digital Multimedia Evidence Version 3.0 on April 14, 2010.

Executive Summary:

The proliferation of digital video recording systems (DVRs) in our society presents significant challenges to law enforcement when attempting to obtain visual evidence of a crime. Proprietary digital recording technology and a lack of interoperable standards in the CCTV Industry, means that no single Standard Operating Procedure or process can be referenced for the acquisition of all Digital Multimedia Evidence (DME).

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In Insurance 101 – Property – Casualty Basics, the American Insurance Association writes on Checks and Balances – An Insurance Regulation Overview:

Property-casualty insurance is heavily regulated at the state level; this is particularly true for personal lines and for workers’ compensation. Generally speaking, state regulators have oversight of market conduct; insurance company and agent licensing; insurance rates; policy language; financial condition (solvency) of insurance companies; and, consumer protection in insurance transactions.

Ideally, regulators focus their resources on making sure that insurance rates are adequate to cover losses, so that claims can be paid in full. They also are responsible for making sure that rates are neither unreasonably high nor unfairly discriminatory. Another key regulatory duty is to make sure that insurers remain solvent, i.e., that they maintain enough capital to pay policyholder losses as they come due.

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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.

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In 7 Habits of Highly Successful Surveys, marketing experts at Vovic Corporation offer these ideas on writing objective questions:

Remember the adage “Garbage in, Garbage out”. Poorly worded questions will lead to suspect results and erroneous conclusions. Respondents should not be able to determine where you stand on any topic, so use nonjudgmental wording and choose neutral terms. Don’t ask leading questions such as “What do you like about your service?” but instead ask “What, if anything, do you like…?”

Remove any ambiguity in your questions. Ask one item at a time, rather than using confusing questions like “How would you rate our price and service?” Make sure to avoid industry jargon. Write from the respondent’s perspective and not your perspective. Have others proofread your questions for clarity, and consider pre-testing your survey with a segment of your audience.

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In Insurance 101 – Property – Casualty Basics, the American Insurance Association writes on commercial property insurance:

Commercial property policies cover buildings and the organization’s property, and include a type of coverage known as “business interruption” designed to help a company continue operating if it is put out of its office/physical plant by a covered risk. Commercial liability policies protect policyholders against financial responsibility for injury or property damage resulting from a policyholder’s premises, products, services, or other operations. One example of commercial casualty coverage is workers’ compensation, which deals with lost earnings and medical expenses of employees injured on the job.

Commercial liability policies expert witnesses may testify on commercial property losses, workers’ compensation, and other insurance issues.

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Wrongful death expert witness Barry Gustin, MD, MPH, FAAEP, writes on de-escalating the toxicologically altered aggressive individual:

Toxicologists when reviewing cases are often faced with a subject in question that had altered mental status as a consequence of the effects of illicit substances. In this setting, dealing with aggressive patients can make a big difference in outcome. Patient death or injury resulting from the use of restraint and seclusion is an increasing concern in the field and in prison. Excessive and inappropriate TASER use has also been associated with sudden death. A well-known 1998 article documented 142 restraint-related deaths nationwide over a decade, 40% of which were attributed to unintentional asphyxiation during restraint. Restraint not only poses a risk for patient harm but also is physically and emotionally traumatizing for staff involved in the incident. Many have pointed out that high restraint rates are now understood as evidence of treatment failure. Since the Joint Commission began tracking sentinel events in 1996, it has reviewed the deaths of 20 patients who were physically restrained. Since then, the Joint Commission has advocated standards based on prevention as an intervention and the use of restraint as a last resort only after the least restrictive measures are exhausted.

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In Insurance 101 – Property – Casualty Basics, the American Insurance Association writes on liability claim costs:

Liability claim costs generally are broken down into two categories: 1) special damages, which include the claimant’s out-of-pocket expenses and lost wages; and, 2) general damages, which cover compensation for pain and suffering (often called non-economic damages). The claim representative/adjuster has the responsibility to offer a fair settlement to the injured party (whether first- or third-party), but can offer only up to the dollar limits of the policy. Once the claimant and company agree on the amount of loss, the company pays that amount (less the amount of a deductible in first-party claims). If there is disagreement over the claim, the matter may go to arbitration, mediation, or court for resolution.

Liability insurance expert witnesses may write reports and opine on insurance claims, damages, and other insurance matters.

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Biotechnology means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use. For instance, biotechnology is applied to improve or facilitate cellular processes such as energy metabolism, gene transfer between unrelated species, or the engineering of enzymes for large scale production of drugs.

White biotechnology refers to biotechnology applied to industrial processes. It involves the use of enzymes and organisms for the processing and production of chemicals, materials, and energy. Biochemical engineering expert witnesses may opine on production of bulk and fine chemicals, biofuels, and agricultural products.

Read more: biologyonline.org.

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In A Law and Finance Analysis of Hedge Funds, finance expert Douglas Cumming, Associate Professor and Ontario Research Chair in the Schulich School of Business at York University, describes the paper on hedge funds he wrote with Na Dai, SUNY at Albany:

This paper empirically analyzes the impact of hedge fund regulation on fund structure and performance. The data indicate restrictions on the location of key service providers and permissible distributions via wrappers are associated with lower fund alphas, lower average monthly returns, and higher fixed fees. Further, restrictions on the location of key service providers are associated with lower manipulation-proof performance measures, while wrapper distributions are associated with lower performance fees. As well, the data show standard deviations of monthly returns are lower among jurisdictions with restrictions on the location of key service providers and higher minimum capitalization requirements.

Finance expert witnesses may opine on hedge funds, financial planning, structured finance, financial projections, and more.