Expert Witness Blog

In Does the Clippers $2 Billion Deal Make Sense?, business valuation expert witness Donald Erickson ASA , writes:

In recent court testimony, Bank of America – Merrill Lynch (“BoA”) revealed its bid book (“Project Claret”[1]) prepared for potential buyers of a NBA franchise, the Los Angeles Clippers (“Clippers”). We are going to analyze elements within the Project Claret document with a particular focus on the revenue estimate of the local media contract renewal in 2014.

Let’s look at BoA’s estimate of local media revenues primarily related to television content. BoA forecasted television rights payment in June 2014 year-end at $25.8 million from the current contract projecting it to $125 million for a new local media contract. Michael Ozanian of Forbes recently estimated the 2014 new contract amount to most likely be closer to $75 million. I agree with Mr. Ozanian for the following reasons:

Aviation safety expert witnesses may consult on aviation accident analysis, aerospace engineering, aviation maintenance, and related matters. In the news, a July 28th Federal Aviation Administration press release stated that the FAA plans to fine Southwest Airlines $12M for repair violations on some of its Boeing 737 aircraft.

From the FAA website:

The U.S. Department of Transportation’s Federal Aviation Administration (FAA) is proposing a $12 million civil penalty against Southwest Airlines for failing to comply with Federal Aviation Regulations in three separate enforcement cases related to repairs on Boeing 737 jetliners operated by the Dallas-based airline.

In Child Sexual Abuse – Forensic Interview Analysis, child sexual abuse expert witnesses at Forensic Pediatrics Consultants – Child Abuse & Child Safety write:

The objective of a forensic interview in the context of child sexual abuse is to provide an objective measure to understand what a child potentially experienced. A forensic interview may be the tool utilized by protective and/or prosecuting authorities in a case of potential sexual abuse. Therefore, assuring the quality of the interview is an integral component to evaluating a potential case of abuse. A poor interview does not discount the possibility of sexual abuse. However, standard protocols exist to minimize the possibility of leading questions, and to assure as truthful and accurate information as possible.

Core components to forensic interview analysis include:

In Malpractice Premiums Drop for 6th Straight Year, oncology expert witness Dr. Judy L. Schmidt writes:

Judging by 3 representative specialties, physicians in 2013 are once again experiencing relief on malpractice insurance premiums.

Collective rates for obstetrician-gynecologists, internists, and general surgeons fell on average for the sixth straight year in 2013, according to an annual premium survey released this week by Medical Liability Monitor (MLM).

What areas of the auto industry may automotive engineering expert witnesses consult on? They may provide reports concerning automobile defects, automotive technology, automotive components, and automobile design. In the news, the U.S. Department of Transportation announced record fines and unprecedented oversight requirements in its GM investigation…

Over the past ten years, NHTSA defect investigations resulted in 1,299 recalls involving more than 95 million vehicles and items of motor vehicle equipment, which has helped the agency to reduce vehicle fatalities to historic, all-time lows. Including today’s consent order, the agency has obtained record fines of $124.5 million in the last five years from automakers who have failed to promptly report defects to NHTSA. NHTSA.com briefing room:

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) today announced that General Motors (GM) has agreed to pay a record $35 million civil penalty and to take part in unprecedented oversight requirements as a result of findings from NHTSA’s timeliness investigation regarding the Chevrolet Cobalt and the automaker’s failure to report a safety defect in the vehicle to the federal government in a timely manner. The defect resulted in the non-deployment of airbags in certain Chevrolet Cobalt and other GM models. This action represents the single highest civil penalty amount ever paid as a result of a NHTSA investigation of violations stemming from a recall.

This week police in Beaverton, Oregon, arrested 17 year old swim coach Mitchell Alan Douglas Kelly who is accused of sexually abusing two young girls at the Sunset Athletic Club. The girls were taken from the pool area to another part of the facility, according to Sgt. Bob Ray. Investigators for the Washington County Sheriff’s Office are concerned there may be other victims.

In this type of case, child sexual abuse expert witnesses may testify regarding sexual misconduct, sexual molestation, and child sexual assault. These professionals may provide reports concerning sexual exploitation and statutory rape. On its website, The American Board of Pediatrics describes the child abuse pediatrics practice scope which includes:

Understand the commonly used definitions of child sexual abuse.

On his website, dviaviation.com, aviation and airports expert witness Steven J. Meyers, discusses pilot error. Mr. Meyers is an experienced aircraft accident investigator, and has work experience as an engineer, pilot, and mechanic.

Human beings are unpredictable as compared to physical evidence, and in the absence of cockpit or flight recorded data, investigators are left with evaluating human behavior from a percentage of likelihood. Most investigators typically lack adequate training to properly evaluate human behavior and performance, because there are such a large and diverse number of reasons that pilots can commit an error. Pilots make errors because they have not been adequately trained to perform tasks, or because they do not have the basic ability to perform the task even if they were trained. They commit errors because the task is beyond normal human abilities. They commit errors because they misinterpret information important to the performance of the task. They commit errors because some event occurring during the performance of the task changes the nature of the task in a way that they have never encountered. They also commit errors because of influences such as stress, distraction, fatigue, illness, visual illusions, spatial disorientation, old age, immaturity, and cultural beliefs. Pilot performance is also influenced or affected by such issues as cockpit design, temperature, altitude, physiology of the body, emotions, interactions, and communications.

Some common Human Factors issues related to piloting error can include:

On his website FAQ, business expert witness Richard Teichner, CPA, CVA, CDFAJ, describes the role of the forensic accountant serving as an expert witness.

When explaining complex financial analyses to the trier of fact, it is imperative that your expert witness is skilled at clearly and accurately explaining the details in a manner that can be easily understood. Expert witnesses also must be objective and utilize generally acceptable practices in order for their testimony to be credible and admissible.

How can a forensic accountant help my case?