Expert Witness Blog

In Sensitive Electronic Communications – Introduction – So what’s the big deal?, Steve Lombardi tells us “Any time information is transmitted via a wireless technology or over the Internet the attorney-client privilege may and can be breached.”

What keeps most of us feeling safe is ignorance. And for the most part we have been safe because there are few parties who care to go to the trouble and expense to intercept wireless communications. As the information being transmitted becomes more valuable; then the parties willing to go to the expense and risk of gathering those wireless communications naturally increase.

When taking on a lawsuit regarding wireless communications, networking expert witnesses can help. These experts can provide reports and opine on computer networks, wireless technologies, telecommunications, and more.

In Fractography of Metals and Plastics, polymers expert witness Ronald J. Parrington, P.E. writes on materials failures:

The application of engineering materials is unavoidably accompanied by the occurrence of failures, many of which have been catastrophic. The consequences of material failures; including deaths, financial losses and legal ramifications; have encouraged the development of effective failure analysis methods. Although the cost of failure analysis may exceed the value of the part, the cost of service failures usually far exceeds the cost of failure analysis. Many of the techniques utilized over the years for the evaluation of metals have been successfully applied to plastics with only minor modifications…

Fractography is arguably the most valuable tool available to the failure analyst. Fractography, a term coined in 1944 to describe the science of examining fracture surfaces, has actually been utilized for centuries as part of the field of metallurgy. When material failure involves actual breakage, fractography can be employed to identify the fracture origin, direction of crack propagation, failure mechanism, material defects, environmental interaction, and the nature of stresses.

Courtroom FEA: Vol 1. FEA = Finite Element Analysis by Steve Roensch:

As a products liability expert witness, it is important that you know what Finite Element Analysis (FEA) can do for you. If you don’t, your adversary might. Whether you serve plaintiffs, defendants or both, you’re probably already familiar with FEA. Simply put, if a loss, injury or death is due to something bending or breaking, FEA can help explain the failure.

An experienced FEA expert witness can determine the stresses and displacements in the failed part. When compared to industry standards, earlier designs and competitive designs, this often identifies the cause of failure, and hence the responsible party. As in any field, your choice of an expert is important in making your case. It’s not unusual for an inexperienced FEA analyst to generate incorrect results; this is both a warning to the wise and a strategy for dealing with the other side’s expert. FEA results lend themselves to color plots and animations, making conveying the key concepts to the jury much easier.

As a marketing expert witness, Larry Londre’s website shares this from Ray Kroc: “Luck is a dividend of sweat. The more you sweat, the luckier you get.” Londre states “Success is staying ahead of the competition. In the global economy it is essential to have greater agility, better marketing, promotion and media savvy, plus the ability to innovate in the marketplace.” Londre says marketing may include the following:

-Marketing (Strategic & Tactical Planning)

-Advertising Agency Alliances -Collateral Materials and Sales Promotion -Direct Market Analysis / Identification / Targeting -Entertainment Marketing -Non-Profits / Public Service -Intellectual Property -Products & Services -Marketing Research -Branding and Advertising -Communication & Media, including Internet -Direct Marketing and Direct Mail -Events & Trade Shows -Integrated Marketing Communications (IMC)

Copyrights expert witnesses will want to take note of what copyright scholars and advocates had to say at the Tech Policy Summit in Hollywood. The Summit “demonstrated that while copyright must function in a converged world, opinions on how it should function are as divergent as ever.” The panel consisted of Patrick Ross (Executive Director, Copyright Alliance), Fred von Lohmann (Senior Staff Attorney, EFF), Matt Zinn (VP and general counsel, TiVo), and moderator Doug Lichtman of UCLA Law School. ZDnet also writes:

The primary bone of contention was the extent to which copyright law does and should leave room for permissionless innovation. Matt Zinn and Fred von Lohmann discussed the benefits of such a system. Zinn said, “Fortunately, the Constitution got it right. Copyrights are not absolute rights. TiVo did not have to go to the rightsholders for permission [to build a product that allows flexible use of lawfully acquired copyrighted content]. If they’d had to, there’d be no DVR. With no DVR, there’d be no VOD.”

Electrical expert witnesses may soon be called to opine on whether cellular phones are safe. According to a new study headed by two Swedes, Professor Lennart Hardell of the University Hospital in Orebro and Professor Kjell Hansson Mild of Umea University, using a mobile phone for more than 10 years increases the risk of getting brain cancer. The scientists based their conclusions on 11 studies that investigated the occurrence of tumors in people who have used phones for more than a decade in the United States, Sweden, Denmark, Finland, Japan, Germany, and Britain. They found almost all studies had discovered an increased risk, especially on the side of the head where people listened to their handsets. The study also found that people who have had the phones for a decade or more are twice as likely to get a malignant tumour on the side of the brain where they hold the handset. Belfast Telegraph writes:

The scientists who conducted the research say using a mobile for just an hour every working day during that period is enough to increase the risk – and that the international standard used to protect users from the radiation emitted is “not safe” and “needs to be revised”. They conclude that “caution is needed in the use of mobile phones” and believe children, who are especially vulnerable, should be discouraged from using them at all.

How can a home inspection expert witness help your client? The #3 problem that comes up in home inspections is roof damage. Ranked third, leaking roofs are a frequent problem. Home inspections expert witnesses can report and testify on old or damaged shingles or improper flashing and drainage. Home inspection expert witnesses can also testify on the 4th most common home inspection problem, heating systems. These expert witnesses can opine on broken or malfunctioning controls, blocked chimneys, and unsafe exhaust disposal.

Compensation litigation may involve disputes regarding base salary, short-term incentives, long-term incentives, employee benefits and prerequisites. When employers get themselves in trouble regarding these compensation issues, violations of the federal Fair Labor Standards Act are common and may result in legal action. A compensation expert witness can help. Attorneys representing clients with cases concerning base compensation, executive compensation, position analysis and evaluation, variable and incentive compensation, performance management, and sales compensation will benefit from the assistance of an expert witness. Employers facing lawsuits involving commissions and overtime pay will also profit from the reports and expert witness testimony a compensation expert witness can provide.

How can a home inspection expert witness help your client? The number one problem that comes up in home inspections is improper surface grading and drainage. This causes the most common household aggravations including water penetration into a basement or crawlspace. Home inspections expert witnesses can report and testify on water intrusion causes using data from sophisticated moisture detection equipment. These expert witnesses can opine on the effect of water damage on contents and and the cost of restoration. Home inspection expert witnesses can also testify on the second most common home inspection problem, improper electrical wiring. They can testify on insufficient electrical service, inadequate overload protection, and amateur (often dangerous) wiring connections.