2008 BullsEye Expert Witness Newsletter Articles

BullsEye Articles
Top 10 Expert Witness Cases of 2008 It is that time of year when pundits, critics and reviewers compile their Top 10 lists of the year's best and worst.	12-08
Legal Tsunami Is Coming, Batten Down the Experts What did they know and when did they know it? That is the question likely to be asked of lenders, borrowers, investors and insurers in courtrooms across the country as lawyers and litigants try to untangle the roots of the financial crisis that has undermined the economy and unsettled the nation.	11-08
Whose Side Are You On? May an expert witness switch sides in a lawsuit? Unlike the lawyers in a case, no rule expressly stops an expert from "hopping the fence." After all, the expert's allegiance is to the truth, not to any one party, right?	10-08
Guide to E-Discovery Resources on the Web The December 2006 revisions to the Federal Rules of Civil Procedure, addressing discovery of electronically stored information, underscored the fact that no lawyer today can afford to ignore e-discovery.	09-08
Expert Reports: Should Lawyers Keep Hands Off? Hands off or hands on? That is the question for litigators and experts alike as to the lawyer's role in writing the expert's report.	09-08
Expert Blogs: Loose Lips Sink…Trials? Experts in virtually every field of art and science are blogging these days. Some blog as an academic or scholarly exercise. Others do it in order to help market their expertise.	08-08
Prepping an Expert: How Far is Too Far? At what point does preparing an expert to testify cross over into coaching? And at what point does coaching cross the line into unethical activity?	07-08
Ethics: Hiring Experts You Don't Plan to Use Do lawyers ever retain experts just to lock them out from being hired by the other side? If so, is the tactic fair play in the hardball game of litigation?	06-08
Marketing Your Practice in a Recession Ross Fishman, Esq. is the CEO of Fishman Marketing, an international marketing consulting company specializing in marketing training and retreats, web sites, and branding and differentiation programs for law firms.	06-08
Marketing Your Expert Practice in a Recession Rosalie Hamilton, Founder and President of Expert Communications, creates customized marketing plans for expert witnesses.	06-08
Media Expert: Lawyers Missing Big Picture Since earning his bachelor's degree in engineering from the University of Liverpool, England, in 1970, and his Ph.D. from the University of Sussex, England, in 1974, Dr. Reader has become an internationally recognized expert in audio-video coding, image processing and digital displays.	05-08
Whose Expert Are You, Anyway? Suing an Expert for Changing His Mind Should an expert be sued simply for changing his mind?	05-08
Clearing Up Software Myths for Attorneys Lawyers' grasp of computer software technology falls along a broad spectrum, but the lawyers at either extreme – those who are either well versed in software or virtually ignorant about it – can be equally dangerous when it comes to working with an expert witness.	05-08
Expert Secrecy: An Ethics Dilemma? A prominent legal-ethics professor has ignited a firestorm of controversy with his accusation that three equally prominent legal-ethics professors gave bad legal advice while serving as paid experts in a major employment litigation.	04-08
Why Do They Call Us Expert Witnesses? Part II Part 1 explained how experts and clients (attorneys) get together and what the experts may be expected to do.	04-08
What Lawyers Don't Get About Finance There are two kinds of people in the world, says finance expert Tom E. Greene: word people and number people.	03-08
Why Do They Call Us Witnesses? Part I The words expert and witness are often joined together, as if the purpose of the expert is to be a witness at a trial.	03-08
Experts Central to Two Huge Sanction Awards February delivered a double-whammy to Medtronic Inc., after two federal courts in two states separately slapped it with significant sanctions over its litigation tactics in patent cases, even as the company scored a huge victory in the Supreme Court.	03-08
Experts’ Testimony Decisive Factor in $74M Patent Case TiVo Inc. scored a major victory in its four-year patent fight with rival EchoStar when the Federal Circuit Court of Appeals affirmed a jury verdict for TiVo of $74 million – with interest now estimated at $94 million.	02-08
Judge's Mistake Cause for Reversal? What happens when a judge says he'll order one thing, but then writes the order as something much different?	02-08
$8.6M Sanction for Discovery Abuse A federal court ordered telecom giant Qualcomm Inc. to pay $8.6 million in sanctions and asked the California state bar to investigate six of its attorneys for ethical violations after finding that it deliberately withheld nearly 50,000 documents from discovery in a patent dispute with rival Broadcom Corp.	01-08
Offering Reward, Lawyer Aims to Unmask Blogger Raymond P. Niro, a highly successful plaintiffs' patent lawyer who inspired an opponent to coin the term "patent troll" in reference to him, has offered a $10,000 reward to unmask the anonymous lawyer who writes the Patent Troll Tracker blog.	01-08
Ruling On Class-Action Standard Under Attack A 9th U.S. Circuit ruling on the standard of expert evidence required to certify a class action – one that resulted in approval of the largest class action in history – has come under heavy criticism -- most recently from a lower federal court within that very circuit.	01-08

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