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In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

As an owner/supervisor, take a moment to examine your current IT or company’s technology policy. If your company doesn’t currently have an IT or technology policy-get one! While you will need to insure the individual needs of your company are met, following are some topics of what you should consider including in your usage polices:

Electronic information ownership Monitoring of technology use Acceptable use of company technology Acceptable content

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Medical expert Mark Gorney, MD, is co-founder and senior consultant for The Doctors Company says that physicians “must accept that behavior and personality play an absolutely critical role in the outcome of malpractice action.” Winning a malpractice lawsuit requires more than proving your treatment was appropriate, prudent, and conformed to the standard of care. “Exit polls consistently reveal that juries are at least as heavily influenced by their feelings about the players as they are by the facts of the case.” Dr. Gorney suggests showing a little humility.

“When you are the target of a malpractice lawsuit, it is not very different than an illness,” Dr. Gorney counsels. “This time you are the patient. Although we all know that doctors make the worst patients, your own personality characteristics may determine whether the verdict comes back for the defense or [includes] several million dollars in punitive damages.”
Excerpted from CortlandtForum.

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Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes some final thoughts.

A very important point to remember, all of the submitted collected or nonrequest and known writing used in the examination and comparison process must be admitted as evidence in court at the time of trial. All conclusions in the results of the examination section of the report are based on the examination and comparison of the submitted questioned and all of the known writings. Any change in the number, status, or admissibility of any of the writing submitted for examination and comparison, including the exclusion of examined writing at the time of trial, will impact upon the conclusions as stated in the report. In this case, the conclusions in the report are no longer valid and a new examination and comparison will have to be conducted using only the writing that will be admitted into evidence. The reason, the conclusion reached by the examination and comparison process is based on the combined significance of the evidence in the examined writing. The same is true if additional writing is added at the time of trial.

All examinations and comparisons must be conducted in an appropriate setting, using recognized and acceptable techniques, and examination aids as necessary. While testifying as a witness in court, during a deposition, or any other judicial situation absolutely NO examinations and comparisons will be performed. NO new opinions will be given, on or off the record, until a comprehensive examination and comparison of the evidence has been done. The only opinions given as part of the expert testimony in court or at a deposition will be those based on acceptable examination and comparison procedures and reported in either a verbal or written report.

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NASCAR is accusing Jeremy Mayfield’s medical expert witness of presenting false testimony about his credentials, according to a motion filed in U.S. District Court. Mayfield’s lawyers used the testimony of Dr. Harvey MacFenerstein as the basis for their request that Mayfield be reinstated immediately as he fights his indefinite suspension. NASCAR is questioning the medical degrees and certifications claimed by MacFenerstein. HamptonRoads.com reports:

MacFenerstein said he received a bachelor of science degree in medical technology from Midwestern State University (Texas) in 1975. According to NASCAR, school records do not show MacFenerstein graduated or received a degree from the school.

MacFenerstein said he obtained his medical doctor degree in clinical pathology from CETED University. NASCAR said the school in Mexico has no record of MacFenerstein as a former or current student.

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U.S. District Court Judge Ancer Haggerty ruled that grazing will be allowed on seven allotments in Oregon’s Malheur National Forest as part of a ruling issued Monday in Portland. The ruling lifts a ban on grazing in two allotments, Murderers Creek and Lower Middle Fork, issued by Haggerty in May 2008. Ranchers who rely on the national forest for grazing were expected to turn out their cattle on Friday, June 19.

Environmentalist groups involved in the lawsuit against the U.S. Forest Service had requested that Haggerty completely prohibit cattle grazing in eight allotments in the national forest.

Testimony from forestry expert witnesses summoned by the U.S. Forest Service, on the other hand, “has established that the grazing proposals for 2009, if properly executed, will adequately protect riparian habitat.” During a hearing Friday, June 12, fish and stream experts countered allegations that grazing causes permanent damage to threatened steelhead habitat.

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Toxicology expert witnesses will be testifying in the consolidated case against Chinese drywall manufacturers in New Orleans although South Florida attorneys argued that Miami would be a better location because a majority of Chinese drywall problems and lawsuits have occurred there. The problems first cropped up in southwest Florida’s Gulf Coast cities. The drywall was imported following hurricanes Katrina and Wilma in 2005, after the housing boom and rebuilding efforts created a material shortage among domestic suppliers.

In addition to Florida, lawsuits have been filed in Louisiana, Virginia and Ohio among other states. The Florida Department of Health is tracking more than 440 complaints about the defective high-sulfur drywall.

Excerpted from TampaBayBizJournal.com.

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In Managing the Risky Business of Company E-mail Part1 internet expert witness Scott Greene, CEO of Evidence Solutions, Inc., writes that his company has documented, during the examination of electronic systems, employees who frequently say/save things into e-mails or store on a computer, things they would never say anywhere else.

When educating your employees about the content of an e-mail or using other forms of traceable electronic technology, train the employee to ask themselves these simple questions:

Should I put this in e-mail or should I call?

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The man who calls himself Clark Rockefeller was sentenced Friday to four to five years in state prison for his conviction in the kidnapping of his daughter last summer, ending a colorful chapter in the bizarre saga of the German national whom police call a “person of interest” in an ongoing California homicide investigation. Rockefeller’s two lawyers tried to cast him as a mentally disturbed man who believed in the fantasy world he had created and said he should be acquitted on grounds of insanity.

But the jury rejected the defense argument and found Rockefeller guilty on two of the four counts against him: parental kidnapping and assault and battery with a dangerous weapon. The defense presented two experts who testified that Rockefeller’s mental illnesses caused him to believe in his invented lives, including that he was a member of the storied Rockefeller family. “Expert witness testimony figured prominently,” jury foreman Michael Gregory said. The state’s psychology expert witness countered that Rockefeller suffers from a mental disorder but exaggerated his symptoms and was legally sane when he abducted his daughter.

Excerpted from Boston.com

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Document examination expert witness Ronald N. Morris is a certified forensic document examiner and in this excerpt from Submitting a Handwriting Case for Examination, he writes some final thoughts.

Please take the time necessary to prepare your case for submission to the laboratory. Proper preparation is essential to ensure that the examiner has the documents necessary for a meaningful examination and comparison, and that the request is clearly worded and understood. If assistance is needed before or during the preparation process, please contact the FDE for assistance.

It is extremely important to remember that if the documents being submitted are for handwriting examination, a substantial percentage of the known writing should repeat the questioned material. If possible, the collected writings should have been written around the same time as the questioned writing, and the requested writing as close to the date of the questioned writing as possible.

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In Security Experts: Litigation and Beyond, security expert witness Robert A. Gardner, CPP, writes:

Q. Is my security expert qualified?

A. The security profession is a collection of specialties. While there are basic concepts common to all, each specialty requires its own unique blend of training and experience. Unfortunately many so-called “security experts” claim almost universal expertise and often make claims that their documented training and experience can’t support. Look for the following in a qualified security expert:

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