Resource Center

Insight

Federal Circuit Issues a Caution on Costs

February 16, 2006

Can a prevailing party in patent litigation recover the costs of preparing trial exhibits that its expert witnesses used to explain its case to the jury and the court?

Insight

Policyholders Chip Away at Flood Exclusions

January 24, 2006

After every major disaster involving extensive flooding, politicians and class-action lawyers take aim at the flood exclusion in homeowners' policies, looking for ways to overcome decades of legal precedent supporting the exclusion.

Insight

The Two Most Common Mistakes Lawyers Make in Using IP Experts

January 17, 2006

The two most frequent mistakes intellectual property lawyers make while working with an expert witness are polar extremes of each other, but either can severely undermine the strength of a case.

Insight

Are Lawyers Picking the Wrong Experts?

January 17, 2006

In choosing an expert in patent litigation, the lawyer's gut instinct is often as important as the expert's scientific savvy. Unfortunately, lawyers may get it wrong on both counts if they are unsure of what qualifications to look for at the outset.

Insight

Scripting an Expert Witness May Produce a Tragedy

November 8, 2005

How do you fit a square expert witness into a round case? You don't, of course, but many lawyers make the mistake of trying. Rather than tailor their theory of the case to fit the expert's opinion, they try to shape the expert's opinion to fit their theory.

Insight

Don’t Keep Your Expert in the Dark

November 8, 2005

The most important conversation you have with your expert witness may be the first. Leave key questions unanswered up front and they may come back to haunt you later.

Insight

After Katrina, Will Experts Grow Scarce?

September 7, 2005

As insurers and legal professionals begin to sift through damage claims in the wake of Hurricane Katrina, the demand for experts in key areas is likely to be unprecedented. The sheer volume of cases could quickly drain the pool of qualified experts, leaving lawyers in the lurch.

Insight

Did Phillips Kill The Patent Expert?

August 23, 2005

Did the Federal Circuit's decision in Phillips v. AWH Corporation sound the death knell for expert testimony in Markman hearings? Not likely, patent litigators say.

Insight

When Experts Err, Is the Lawyer Liable

July 27, 2005

When an expert witness is targeted for malpractice, can the expert turn and sue the lawyer who hired him? Under some circumstances, he can, says a California appeals court.

Insight

Hiring an Expert? Don’t Ignore This Advice

July 27, 2005

The one time veteran employment litigator Jeffrey E. Myers ignored his own rule about hiring an expert, it almost cost him his case. It is a mistake he won't ever make again.

Insight

Play Nice with Experts – And Help Yourself

July 27, 2005

We all heard it as kids: "Share your toys." But what about in our professional lives? Law firms have sophisticated "toys" – hardware, software and resources – that experts often lack. Share these with your experts and you will see the return in lower costs and more certain results.

Insight

Finding No Facts to Support Expert’s Opinion, Court Orders New Trial in Fen-Phen Cases

June 14, 2005

Finding no medical or factual basis for an expert's opinion that drugmaker Wyeth missed signals about the danger of a diet drug, a Pennsylvania judge set aside a $1.36 million verdict for three plaintiffs and ordered a new trial on the issue of Wyeth's liability.