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New York Law Journal

What You Need to Know About New York Commercial Division Rule 13(c)

"Rule 13(c) of the Commercial Division is designed to prevent 'trial by ambush' and to educate both justices and juries on complex issues in the case that are the proper subject of expert testimony," write Mark A. Berman, Paul F. Downs and Michael Cardello III.
6 minute read

New York Law Journal

Implications of SCOTUS Expert Intent Ruling for the White-Collar Bar

Bonnie Baker discusses the recent Supreme Court decision in 'Diaz v. United States,' involving expert testimony on a defendant's mental state in a criminal case and offers key advice and considerations for white-collar lawyers.
9 minute read

National Law Journal

'Ad Network Monopoly'?: YouTube CEO May Testify at Google's Second Antitrust Bench Trial

U.S. District Judge Leonie M. Brinkema denied Google's motion to exclude lay opinion testimony from its advertising antitrust bench trial. This includes testimony from Andrew Casale, president and CEO of Index Exchange, and testimony from Benneaser "Ben" John, vice president of engineering at Microsoft.
3 minute read

New York Law Journal

Dealing with 'Diaz': How Defendants Can Combat and Use Expert Testimony Regarding Group Mental State

Quinn Emanuel partners Michael Packard and Daniel Koffmann discuss the recent decision in 'Diaz v. United States,' where the Supreme Court has given prosecutors the green light to prove defendants' criminal intent by offering expert testimony about the mental state of people "like" the defendant.
13 minute read

Texas Lawyer

The Role of a Forensic Psychiatrist in Committing a Sexually Violent Predator

"Mental health professionals must rely not only on their clinical judgment, but on a thorough forensic evaluation in each case," write Elisa Reiter and Daniel Pollack.
6 minute read

New York Law Journal

Expert Cross-Examination: Creating Maximum Mileage From an Expert's Mistakes

"Effectively cross-examining an expert witness requires more than just identifying errors," write Ben B. Rubinowitz and Evan Torgan.
8 minute read

The Recorder

'United States v. Lynch': Challenges and Strategies for Defending Against Government Experts Used in Lieu of Percipient Witnesses

"Rather than asking percipient witnesses about the impugned transactions, the government retained an expert to second-guess the very same accounting decisions Autonomy's independent auditors had approved in real time," write Steptoe's Brian Heberlig and Galen Kast.
9 minute read

Daily Business Review

'Slayer Statute' Tested and Failed as Kluger Kaplan Gets Probate Win

In legal action that could have fallen from the pages of a soap opera script, a South Florida law firm successfully defended the husband of a Miami…
4 minute read

Delaware Business Court Insider

Smartmatic, Newsmax at War Over Witnesses in Lawsuit Over Election Defamation

Hundreds of filings in June and July have been made in connection with the motions to block expert testimony. Meanwhile, both sides have filed motions for summary judgment that haven't been decided, and both have moved for the other to be sanctioned or held in contempt.
2 minute read

New York Law Journal

Cumulative Testimony in Medical Malpractice Defense

Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more missing witnesses.
8 minute read

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