In FIRE LOSS FROM IMPROPER HALOGEN FLOODLIGHT INSTALLATION, failure analysis expert witness Charles C. Roberts writes:

Halogen floodlights have been used in both residential and industrial applications for years. They are characterized by high light intensity on task and high heat dissipation….

Most manufacturers of halogen flood lamps warn about the fire hazards of insufficient clearance between the fixture and combustible materials. Ignoring these recommendations can precipitate a significant fire loss as illustrated by this field expedient.

In Incident Handling: When the Breach Occurs, computer security expert witness C. Matthew Curtin of Interhack Corporation writes:
Reputation is made or broken not on whether an incident takes place, but how well the incident is handled. Thus every security program includes a component on incident handling. Effectively handling adverse events requires planning and practice, paving the way for sound execution. In preparation, there are four questions every CIO needs to answer.

Full article: http://web.interhack.com/publications/incident-handling-cio

The American Institute for Expert Witness Education’s Expert Witness Bootcamp is an intensive three-day clinic designed to develop and enhance the testifying and communication skills of professionals who serve as expert witnesses in the courtroom in a variety of industries including accounting, financial and valuation, marital dissolution, fraud investigation, medical, high technology, fire and others.

The AIEWE Bootcamp is not a program where attendees work on simulated case studies, but incorporates the attendee’s actual work product and engagements that are used to tailor and personalize the training.

Read more: http://www.nacva.com/CTI/CTIExpertWitnessBootcamp.asp

Education and schools expert witnesses may testify on school funding, school districts, and education administration. In the news, Shirley Beaulieu, chief financial officer at the Texas Education Agency, testified before state District Judge John Dietz that Texas’ public schools are $1 billion short. Stanford University education expert Eric Hanushek testified for Texans for Real Efficiency and Equity in Education and said funding is not so much the issue as “lack of efficiency.”

In W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees” to make requested hourly rates consistent with prevailing market rates for routine discovery disputes, rather than “overall trial victories.”, legal fees expert witness James King writes:

In Sandvik Intellectual Prop. AB v. Kennametal Inc., 02:10-CV-000654, 2013 WL 141193 (W.D. Pa. Jan. 11, 2013), the prevailing party in a discovery suit sought reimbursement for 264.20 hours which resulted in counsel fees of $98,384.01 for time expended by its attorneys as a direct result of Sandvik’s lengthy pattern of discovery delay, obfuscation, and misconduct. The District Court granted the petition for fees, but reduced it by 20% on the basis that the fee request cited prevailing market rates for attorneys performing “trial” litigation work as opposed to “discovery” litigation work. In support of its fee request, the Pittsburgh law firm Kilpatrick Townsend submitted to the court the published rates of Pittsburgh firms Reed Smith and K & L Gates. The Court reached its result as follows:

While the Court is fully cognizant of the vast experience and expertise of the Kilpatrick Townsend firm in the area of intellectual property, the Court cannot justify the rates advanced by Kilpatrick Townsend for this discovery dispute irrespective of its comparison to the published rates of Reed Smith and K & L Gates. Therefore, the Court will reduce the hourly rates sought by Kennametal across the board by twenty percent (20%), which the Court finds to be reasonable and fair and much more in line within the general billing rates of the Pittsburgh legal community for a discovery dispute.

SEAK, Inc. will present its 22nd Annual National Expert Witness Conference April 27-28 in Rosemont, Illinois. SEAK writes:

Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized presenters will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include intensive breakout sessions.

SEAK has trained well over 20,000 expert witnesses, physicians, lawyers and nurses nationwide, and is located on Cape Cod, MA. More info: http://store.seak.com/22nd-annual-national-expert-witness-conference-april-27-28-2013/

Aircraft design expert witnesses may report on the airline industry, aviation accident analysis, aviation safety, the aircraft industry and associated matters. In the news, Boeing 787 Dreamliners are grounded around the globe for safety checks. Aviation experts say that fires on two 787 aircraft were likely caused by lithium-ion batteries receiving too much voltage too quickly. Dr. Jay Whitacre, Associate Professor at the Department of Materials Science and Engineering, Carnegie Mellon University, states “Other batteries don’t go this wrong when you treat them this badly.” Professor Whitacre has worked on developing a materials system for energy storage technologies at the Jet Propulsion Laboratory and was a member of the Mars Science Laboratory development team.

Disabled access expert witnesses may report on accessibility standards, the Uniform Federal Accessibility Standards (UFAS), and the Americans with Disabilities Act. The ADA pool lift deadline of January 31, 2013, is fast approaching. ADA.gov offers QUESTIONS AND ANSWERS: ACCESSIBILITY REQUIREMENTS FOR EXISTING SWIMMING POOLS AT HOTELS AND OTHER PUBLIC ACCOMMODATIONS including:

What is the effective compliance date of the ADA standards for accessible pools?
What does the ADA require for accessibility of pools?

In Ohio Appellate Court finds expert testimony on legal malpractice required, legal ethics expert witness James King writes:

In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that plaintiff failed to present expert testimony establishing that defendants failed to exercise “the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession.” McWilliams v. Schumacher, 2013-Ohio-29, 2013 WL 118918 at *6. The court cited to Ohio law requiring expert testimony demonstrating the attorney’s breach of his standard of care, in all cases except where the breach of care was ‘obvious’:

“[I]t is well settled in Ohio that in order to prevail on a legal malpractice claim a plaintiff must demonstrate, through expert testimony, by a preponderance of the evidence, that the representation of the attorney failed to meet the prevailing standard of care, and that the failure proximately caused damage or loss to the client. Zafirau v. Yelsky, 8th Dist. No. 89860, 2008–Ohio–1936, ¶ 27. Further, “the Supreme Court made it clear that there must be a causal connection between the lawyer’s failure to perform and the resulting damage or loss.” Jarrett v. Forbes, 8th Dist. No. 88867, 2007–Ohio–5072, ¶ 19, explaining Vahila v. Hall, 77 Ohio St.3d 421, 1997–Ohio–259, 674 N.E.2d 1164.