Expert Witness Blog

In Testifying as an expert witness in computer crimes cases, Deb Shinder writes:

If you’re an expert in computers, networking, and related matters, you might be able to qualify as an expert witness in court cases (both criminal and civil) that involve the use of computers and networks. Here’s what you can expect if you go the expert witness route.

NOTE: Prosecutors and defense teams also sometimes employ “consulting experts,” who provide technical explanations and opinion in helping the prepare the case, but don’t actually testify in court.

Aerosols expert witnesses may write reports and opine on aerosol sprays, airborne solid particles, and household chemicals. The National Aerosol Association describes the history of aerosols:

The first use for an aerosol package arose during World War II, but the idea of using low-pressure liquefied gas to atomize droplets of liquid in the air was developed in 1924. Canisters filled with insecticide and propellants were used to protect U.S. servicemen from insects carrying diseases such as malaria. Shortly after the war, Robert Abplanalp, founder of Precision Valve Corporation (PVC), invented the first mass-produced aerosol valve. The patent was filed in September 1949 and was issued on March 17, 1953. From that invention, the aerosol industry quickly developed in the United States and around the world.

Copyrights expert witnesses may opine on copyright infringement, copyright notice, and copyright limitations, among other topics. In The Basics Of Trademarks, Copyrights And Patents, IPComputerExpert.com writes:

A trademark refers to any forms of marks which are registered to the USPTO. These are names, devices, images, and word identifying any goods which can be produce, manufactured, or natural.

Copyright is a way of protecting both unpublished and published literary, artistic and scientific works, and any forms of expressions as long as it is tangible. It means you can touch it, hear it, or see it. An essay, a play, a song, funky original choreography, HTML coding, or graphics can be protected. Laws of copyright grant the creator’s exclusive rights to distribute, display, perform, reproduce, and prepare derivative works publicly.

Telemarketing expert witnesses may give opinions regarding call center agents, computer telephony, and related topics. Here, the Telemarketing Connections Newsletter writes on recent telemarketing cases & statutes.

Illinois An Illinois court has ruled that a Telephone Consumer Protection Act (TCPA) defendant’s offer to settle plaintiff’s claim mooted that claim such that it could not be removed to federal court. Damasco v. Clearwire Corp. The court, therefore, dismissed the case which had sought class action status for recipients of text messages from the defendant.

New York New York has amended its telemarketing statute to add required disclosures regarding negative option features and to expand the definition of telemarketing sales call to specifically include prerecorded messages and messages delivered to answering machines (New York Assembly Bill 8839). The bill also adds a disclosure required prior to the purchase of any good or service regarding negative option plans and that the customer’s account will be charged unless the customer takes affirmative action to cancel the sale.

In The Second Coming Of Healthcare Insurance, insurance expert witness Stephen George, MBA-HA, writes:

As the fastest increasing cost in healthcare, Pharmacy plans run the gamut of fully-insured to discount-only plans. Typical plans provide coverage within 3 and 4-tier copayment plans. Almost all insured plans exclude medications, so getting the detail is very important. These plans can be substituted into traditional Major Medical Insurance, Scheduled Medical and even Medicare supplemental plans to reduce premium and out of pocket costs. Mail order medications have met a new plane of efficiency and save dramatically on deductible and out of pocket copayment costs. In some cases, Discount cards offer greater out of pocket savings than insured pharmacy plans.

This reprint by permission of The Self-Insurer and The Self-Insurer’s Publishing Corp. as it appeared in the July, 2007 Edition.

Engineered composites expert witnesses may opine on vinyl chloride polymers, electroactive polymers, and functional polymers, among other topics. Here, The American Composites Manufacturing Association defines composites.

Not all plastics are composites. In fact, the majority of plastics today are pure plastic, like toys and soda bottles. When additional strength is needed, many types of plastics can be reinforced (usually with reinforcing fibers). This combination of plastic and reinforcement can produce some of the strongest materials for their weight that technology has ever developed…and the most versatile.

Therefore, composites, also referred to as fiber-reinforced polymer (FRP) composites is a combination of a:

In Ceramic Tile & Stone Industry News tile expert witness Donato V. Pompo of Ceramic Tile And Stone Consultants writes on tile job problems:

Common failures are due to substrate cracking and excessive deflection, moisture problems (that can lead to mold), bond failure, and lack of flatness or slope. Thankfully, remedies exist for correcting substrate problems, but it is important to first evaluate the substrate and take any corrective action as part of the floor preparation process.

Is the substrate made of a suitable material allowing for the application of Tile & Stone? Concrete substrates are always best because they are the most stable and are not significantly affected by exposure to moisture. There are limitations to adhering to lightweight concrete, as it tends to have an unstable surface, but remedies for even this situation exist. You can bond to wood, wall board, and steel, but with limitations.