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What areas may insurance expert witnesses consult on? They may write reports and testify on the insurance industry, commercial insurance, insurance carriers, insurance policies, and more. In Experts – They May Know What To Do and How To Do It – But Do They Know How To Deliver? , Houston attorney Nyanza Moore writes:

In a time where expert reports are more the norm than the exception, it’s important to remember that a great expert report is only as good as the expert delivering it. Delivery here is being used in the sense of delivering a timely, well written report and verbally delivering a succinct explanation of the methodology used to reach the conclusions at a deposition.

Of course, every expert isn’t expected to be Johnny Cochran – with the flow of speech that leaves the trier of fact mesmerized. It is well known that public speaking ranks high on the top ten fears most people have. Preparing an expert for a deposition should be used getting them comfortable speaking about the methodologies so they avoid giving rambling answers that draw a Daubert motion to exclude the opinion. For the engineers, meteorologists, public adjusters, CPAs, and economists helping policyholders prove their claims, here is a refresher on what the attorneys, judges and juries are looking for when they read and hear your opinions:

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On June 4, 2015, the Forensic Expert Witness Association (FEWA) will present the webinar Lawyers and Experts: Beware of Daubert, Robinson, and Kuhmo in 2015.

The presentation will be an in-depth review of motions to strike. Topics that will be covered include the following:

Motion to strike actual filing Expert’s affidavit in response to motion to strike Examples of over 25 actual motions to strike and subsequent rulings 2015 update on Daubert, Robinson and Kuhmo

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In Nursing Standard of Care Guidelines: Why a blank or incomplete medical record suggests conduct that falls below the standard of care, attorney Kristin Miller answers the question “Why does a blank or incomplete medical record indicate a likelihood of nursing conduct that falls below the standard of care?”

“Nurses are required to routinely conduct assessments and reassessments, and they are required to document all of their findings in the patient’s medical record. A blank or sparsely filled in medical record at a time when the patient is receiving intensive care is a strong indicator of below standard conduct by the nursing staff.” Says Gayle Nash with Nash Legal Nurse Consulting, and a Chief Nursing Officer with twenty-seven years of executive nursing leadership experience.

A myriad of patient care considerations go into each patient assessment and reassessment. Nash preaches that a skilled nurse performing their work pursuant to standard of care will practice due diligence in their charting practices thoroughly performing as well as documenting each assessment and reassessment. The medical record, after all, is the patient care fingerprint indicating both the patient’s health status as well as how the nurses are performing and completing their patient rounds. A sparsely complete medical record should be investigated as a possible indicator of below standard nursing conduct.

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In The New Frontier of Negative Rates and Banking, business expert witness Douglas E. Johnston writes:

While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite – the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the ‘zero bound,’ interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history. As noted recently by iconic market veteran Art Cashin, now Director of NYSE Floor Operations for UBS Financial Services, over 30% (approximately $2.2 Trillion) of the highest-rated sovereign debt in Europe now bears a stated negative interest rate. Over 70% of all German government bonds now carry negative stated rates, and there are indications these conditions may become even more wide-ranging and spill over to US markets. After more than six years of various central bank ‘Quantitative Easing’ (QE) stimulus programs including scheduled open-market bond purchases, negative interest rates now clearly constitute the ‘new frontier’ of central bank monetary policy. Numerous other policy implications regarding negative rates are still unfolding in an uncharted scenario, which even the founder of modern monetary theory, John Maynard Keynes, did not foresee.

In an environment of ultra-low and negative rates, non-interest-bearing asset classes including commodities should become more attractive. Therefore, one major historical disincentive to buying oil and gold, for example, may have been removed. Stated differently, increasingly negative interest rates should be positive for commodities, because the imbedded math suggests that an investor is effectively paid to hold them, as compared to holding negative-rate financial instruments.

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Slip, trip and fall expert witnesses may testify and provide reports regarding railings, barriers, slip and fall accidents, slippery conditions, stairs, and more. Architect and expert witness Randy Atlas is presenting the CEU program Slips, Trips, and Falls: The Architect’s Role in Mayhem on May 20th in Pembroke, Pines FL. Mr. Atlas is the President/Owner of Atlas Safety & Security Design. Sponsored by AIA Fort Lauderdale, the program description is as follows:

Have you ever been brought into a lawsuit as a result of a slip and fall at one of the building’s you designed? Randy Atlas, President and Owner of Atlas Safety & Security Design, will show you how to reduce the opportunity for mishaps in your designs in such areas as level changes and miscommunications in pedestrian path of travel. He will also go over the consequences of careless design with case studies of projects where mistakes led to litigation.

More information here.

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Attorney Craig Ball is a forensic technology expert witness. On his website, Ball in Your Court, he writes on his experience as an expert witness.

Becoming a Better Digital Forensics Witness

Avoid the Absolute Lawyers like absolute responses like “never,” “impossible” and “always” because they’re easy targets for attacking a witness’ credibility-even when those attacks are pretty silly.

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In Getting The Full Value Of Economic Experts In IP Litigation: A Qualified Expert Is Key, attorney Devon Zastrow Newman of Schwabe, Williamson & Wyatt, P.C., writes:

A plaintiff’s claims in intellectual property litigation may take several forms, including assertion of claims of infringement of the IP right or loss of the plaintiff’s right to the IP through unlawful misappropriation (e.g., trade secret theft). To prevail, the plaintiff must establish three elements: the defendant’s breach of the IP right belonging to the plaintiff; the defendant’s breach damaged the plaintiff; and the measure of damages the plaintiff accrued as a direct cause of the defendant’s breach. An economic expert may be the key to establishing the third element.

When is an economic expert needed?

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In Cyberbullying, Trolling, and Cyberstalking: the Dark Side of Free Speech (part 1b), computer security expert witness Steve Burgess answers the question What is Free Speech?

Also not protected is harassment, the act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. This could include discrimination based on race, gender, or sexual preference. It could include particularly aggressive bill collecting, or some forms of blackmail

Threatening to inflict great bodily harm (“I will stab you in the eyeball,” would qualify. “I will smack you in the kisser,” would not) or death would be illegal if the person has an apparent ability to carry out the action. Idle threats would not likely be found to be illegal.

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In Legal Ethics Considerations for Lawyers’ Use of Cloud Computing Services, Internet For Lawyer’s Mark Rosch writes:

We often get questions about the security of “cloud computing” services like Google Apps and whether that security is tight enough for lawyers to use them.

Google Apps, for example, meets the security standards put in place for the online storage of government agencies’ information set out in the Federal Information Security Management Act of 2000 (FISMA 44 U.S.C. § 3541, et seq.).

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Gasoline explosion expert witnesses may report and testify on fuel explosions, flammable materials, and tanker truck explosions. On March 26 in Huimanguillo, in the southeastern Mexican state of Tabasco, villagers tried to take gasoline from a tanker truck that had overturned late at night. Unfortunately, residents broke through a police perimeter and chased off firefighters in an attempt to take fuel. Eighteen people were killed in the explosion. Due to the flammability of the cargo, the possibility of survivors in the vicinity of a tanker truck accident is low.

http://www.cvtips.com/ writes:

Tanker trucks are powerful vehicles that haul liquid or semi-liquid cargo in long metal containers. Examples of liquid cargo can include fuel, food products and chemicals. The cargo can often be dangerous. The liquids can be flammable, corrosive, poisonous or even explosive. Handling such cargo requires extensive safety training. Driving trucks with a heavy liquid load also requires a different touch than hauling dry goods like lumber or furniture.

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