All posts by Hana Zumout

United States Court House
Expert WitnessExpert Witness Testimony

Expert Witness 101 (Part 1): What You Need To Know

INTRODUCTION

Have you watched any major court trials, like DEPP V. HEARD on Netflix or Casey Anthony: An American Murder Mystery on Hulu? If so, then you are familiar with a courtroom scene, the judge, jury, attorneys, and their clients. There are always witnesses, but what is the difference between a regular witness and an expert witness? Why are they necessary, and how would an attorney go about finding one? Who knows, YOU may qualify as an expert witness yourself but you just don’t know it. In this blog post you will learn if you have the qualifications and, if so, how to establish a new source of income.

Fair Trial or Deposition for Expert Witness

WHAT IS AN EXPERT WITNESS?

Expert Witness Definition

The significant benefit of this industry is that anyone can become an expert witness! According to Federal Rule of Evidence 702, “An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex, technical, or scientific issues.” Attorneys serving the plaintiff and defendant can both hire expert witnesses and pay them for their testimony and consultation. The expert witness must also qualify under specific FRE 702 criteria to certify their testimony is “relevant” and “reliable.” As of December 1st, 2023, the amendments to the federal rule have gone into effect (photo credit – Perkins Coie):

Amendments for FRE R 702 Expert Witness Testimony

Proskauer similarly describes the new language added by the amendment as:

  1. A court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence.
  2. A court must find that an expert’s opinion follows from a reliable application of the methodology to the facts at issue before that opinion is heard by a jury.

Business Consultant Definition

Some experts choose not to work in litigation. They do not want to subject themselves to the possibility of grueling questions or contentious court proceedings. These professionals would be considered Business Consultants or Consulting Experts. They receive payment for their assistance in a settlement or mediation. These experts act in the same way as Expert Witnesses, but they do not testify in trial or present evidence to a court. 

How Much Experience Do You Need?

Unfortunately, a straightforward answer to this question does not exist. It is relative to your chosen industry. For instance, experience in the medical and engineering fields vastly differs from experience in more creative and less analytical fields. However, that is not to say one industry is superior to the other purely based on years of experience. Comparing experiences to others is like comparing apples to oranges; it can not be done. Ultimately, as long as you qualify under Federal Rule of Evidence 702, or the applicable state test, then you can be an expert witness.

Movie: My Cousin Vinny

One of the most unexpected yet hilarious examples of expert witness testimony is from the movie My Cousin Vinny.

Vinny Gambini, played by Joe Pesci, a fairly new street-smart lawyer from New York who’s prone to verbal shenanigans, accepts the opportunity to defend his cousin accused of murder. During the trial scene he puts his girlfriend, Mona Lisa Vito, played by Marisa Tomei, on the stand. From her looks (sequin sweater, short leather skirt, and bright red lipstick), one wouldn’t expect her to be qualified to testify about cars, a pivotal aspect of the case. It turns out her expertise stemmed from her practical experience working in her father’s garage since childhood. Mona Lisa’s hands-on knowledge of cars, engines, and automotive mechanics helped her analyze the tire marks in the scene.

I will spare the rest of the details to avoid revealing any spoilers. While the movie is fictional, the testimony scene is possible at a judge’s discretion. Here is Mona Lisa’s expert witness testimony scene from My Cousin Vinny.

EXPERT WITNESS TESTIMONY CRITERIA

The Daubert Standard

The court has a systematic framework to assess the relevance, validity, and reliability of expert witness testimony before it is presented to the jury. The Daubert Standard grants trial judges the responsibility to be “gatekeepers” of scientific evidence and aims to mitigate their reliance on an expert’s reputation and credentials. Lastly, all Federal Courts use the Daubert Standard. Some states may use the original framework, the Frye Standard.

From the Daubert Standard, trial courts use these five factors to prove the validity of expert witness testimony and methodology:

  • Whether the technique or theory in question can be, and has been tested.
  • Whether it has been subjected to publication and peer review.
  • Its known or potential error rate.
  • The existence and maintenance of standards controlling its operation.
  • Whether it has attracted widespread acceptance within a relevant scientific community.
Expert Witness Testimony

PARTING WORDS

To summarize, becoming an expert witness is not a complicated process. An expert witness is responsible for objectively opining on the facts of the case using industry knowledge to support their testimony. The law offers guidelines to ensure you qualify as an expert witness to secure valid and unbiased testimony from legitimate professionals. Becoming an expert witness or a business consultant builds credibility and expands business and networking opportunities. With the requisite knowledge, you can be confident and secure in your testimony. Stay tuned for Part 2 of this blog series, which will give tips for starting your business and the best practices to do so!

Social Media Icons - Expert Witness Practice
Expert WitnessMarketingSocial Media

Pt. 3: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

Now that you know how to define your personal brand and turn it into tangible content, it is time to be strategic. You must choose the digital and social platforms to share your expert witness practice. The plethora of options for expert witnesses to market themselves are overwhelming. Thankfully, Experts.com has a few suggestions. The final part of this blog series will help you narrow down the wide list of digital platforms for effectively marketing your expert witness practice.

Expert Witnesses Exchanging Ideas

SHARE YOUR EXPERT WITNESS BRAND

HOW TO LIMIT YOUR OPTIONS

There are positive and negative consequences to everything we do in life. Marketing plays by the same rules. For instance, posting too frequently with content marketing will overwhelm your audience. To add, it also diminishes the importance of your message. Implementing a basic strategy will help you effectively promote your practice.

The last stage helps you pick the platforms and content types to commit to or are most relevant to your practice. Ask yourself these 6 questions:

  • How much time can I spend sharing my expertise with the online community?
  • What platforms do I enjoy the most?
  • Which platforms do my target audience frequently use?
  • Would I rather record videos and podcasts or write articles and social media copy (like polls and discussion posts)?
  • Which content types are easily digestible for my audience?
  • What results am I seeking, and will my chosen platform achieve the desired results?
    • Result examples: clicks, shares, comments/engagement, followers, profile impressions, etc.

When choosing your platforms, it is undeniably important to understand your business goals and your target audience. Growing an online presence means sharing valuable insight with those who seek your expertise. But the last thing any professional wants is to experience burnout. Content creation is not an easy task, let alone mixed with a full-time job. A sentiment to remember is that content marketing should complement and boost your expert witness practice.

Overall, it is advantageous to choose your platforms and content types strategically. Attempting to tackle all of them is simply unattainable. Answering the questions above can help you scale down the many available avenues to one or two successful platforms. Now, let’s dive into the most applicable options for your digital marketing needs.

PLATFORM TYPES

Many digital platforms cater to various industries (TechTarget). For the purpose of this post, the focus will be on three digital platform types: social media, content creation, and business collaboration.

Social Media

Social media was briefly discussed in the previous blog post. It summarized that content, like articles and blog posts, can be repurposed on those applications. However, it did not detail which ones were best to use. According to the New York Bar Association, here is a list of social media platforms to consider as expert witnesses:

All listed social media platforms cater to text, images, and video to varying degrees. For instance, X is more discussion-based than Instagram, but it allows users to post videos and photos. Facebook is an advantageous platform because its 3.03 billion users surpass the other three options (Backlinko). All three media types are popular on this platform, and it helps you reach an exponentially higher number of people to market your practice. Lastly, LinkedIn is essentially Facebook for professionals. You can join free discussion groups based on your specialty and target a more precise audience.

Content Creation

Part 2 of this blog series covered the surface of the increasing influence of videos. While it may be considered a social media platform, YouTube is fundamentally a platform for content creation. It is the most prominent place to post videos related to your expertise.

LinkedIn states there are several benefits to uploading videos to YouTube:

  • Cost-Effective: Unless you’re sharing a TEDx Talk, interview, or conference panel, expert witnesses do not need to create long videos. Short 1-2 minute videos are significantly cheaper to make and would effectively communicate your desired message in the long run. Look at our “Experts.com Files” series on YouTube, which details years of locating expert witnesses for various legal cases.
  • Extend Audience Reach: YouTube has more than 2.70 billion monthly active users as of 2024, approximately 34% of the world’s population (Global Media Insight). This statistic further proves the rise of video consumption and confirms your need to seize this opportunity.
  • Shareable: Again, videos can be repurposed for social media. Share them on platforms where your audience is located or where you see the best results.
  • Great User Experience: YouTube is not bound to any specific device. Online consumers can watch your short videos on a laptop and mobile devices. Catering to your audience’s needs can result in more viewership and engagement.

While video content may require more time and effort to execute, YouTube is a great user-friendly tool for beginners. Any user with a YouTube account can edit, schedule, and upload their videos easily using YouTube Studio.

Business Collaboration

Finally, video conference platforms like Zoom, Microsoft Teams, Google Meet, and Skype are great avenues for hosting webinars and informational meetings. You can invite your connections to register for your digital event and showcase your knowledge live. Partner with other experts in your field, attorneys, or online legal marketing firms to share your expertise and include your audience in the conversation with Q&As.

Business Collaboration platforms emphasize relationship-building more strongly than the previous two platform types. Attendees can get as close to an in-person impression as they can in a digital forum. Experts.com hosts quarterly webinars that connect the broader legal community and highlight the insight from our guest speakers.

Zoom Conference - Expert Witness Practice

PT. 3 CONCLUSION

All in all, the platforms you use should align with your schedule, audience, and goals for your expert witness practice. If you want to connect with other professionals, then meet them where they are located to avoid reinventing the wheel. Generally, marketing is about learning what works through trial and error. While these tips can help improve your digital marketing efforts, success looks different for each expert witness. As you promote your practice, take note of your defined successes and continue to implement strategies that produce them.

SERIES PARTING WORDS

“You miss 100% of the shots you don’t take,” Wayne Gretzky, former NHL player.

Ultimately, it’s worth it to try something new than not to try at all. While digital marketing is not the sole solution to creating connections and business, it certainly holds relevance now. It is a disservice not to take advantage of its potential. If you seek visibility for your expert witness practice, be proactive about your digital marketing efforts. Many cost-friendly content and platform options are available to showcase you and your expertise to your audience. Decide which platforms work for you and start taking those shots. Some days will have better outcomes than others, but the journey will eventually lead you to your destination.

Content Marketing for Expert Witness Practice
Expert WitnessMarketingSocial Media

Pt. 2: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

In Part 1, you learned about the importance of personal branding for your expert witness practice. Showcasing your “professional total package” in physical and online spaces is in your best interest. Cementing your clear brand identity can help you stand out among competitors, increase job opportunities, and cultivate new and existing relationships. How can you turn that brand into tangible material? What are the benefits of dedicating time to doing so? Discover the power of content marketing in Part 2 of this 3-part blog series.

MAKE YOUR EXPERT WITNESS BRAND TANGIBLE

ORGANIC CONTENT

You may have heard terms such as “organic” and “paid” content. For the purposes of this blog, only “organic” content will be discussed. According to Forbes, “Organic social media content is any free content shared on social media profiles including posts, videos, stories, and more.” These posts are composed and uploaded by any user and are not supported by sponsors or advertisers. Overall, the content you post organically can be seen by your connections and anyone who shares it.

The main and best benefit of organic content is, without a doubt, the lack of financial strain for you and your practice. Its effectiveness does not rely on a large budget. You can sign up for most social media and blog sites for free, and upload your thoughts and accomplishments when you can! Ultimately, you gain new relationships and potential revenue without losing money outside your current expenses.

Content Marketing Formats for Expert Witnessing

CONTENT TYPES FOR YOUR EXPERT WITNESS PRACTICE

Because it is rooted in consistency, content marketing is a walk in the park for expert witnesses. The industry itself is the definition of consistency, as professionals opine on a given case relevant to their field of study. Expert witnesses would have an easier time developing new pieces compared to those in creative fields. For instance, your content can be based on past work experiences. Previous cases or takeaways from events you have engaged in are great examples for content ideas. Continuing education, in which most professionals must participate, is another resource for original organic content.

Surprisingly, translating your practice into concrete material is not as complicated as it seems. It may require a little extra work and time you might not think you have, but it is a long-term investment for your expert witness career. Bring visibility to your practice with these three suggestions:

Articles & Blogs

According to LinkedIn, blogs help strengthen and support the brand you solidified in the first step. Adding your unique tone of voice to relevant topics provides insight into your personality and professionalism. To add, it also builds relatability with readers, adds depth to your posts, and instills credibility in your reputation. Written content like articles and blogs are a great start for those unfamiliar with posting online content. HubSpot has named other notable benefits:

  • Increases traffic to your website – a necessity for expert witnesses.
  • Content can be repurposed for social media.
  • Solidifies authority for the author, you!

Here are some examples of articles and blogs from our legally trained team and esteemed members of Experts.com.

Topical Social Media Posts

Posting directly to social media adds a crucial element to your content – engagement. For example, you can create a poll, suggest feedback in the comments section, or highlight achievements and noteworthy news. Whichever route you take, you invite your personal and extended connections to view and interact with your online material. For beginners, a discussion-based medium is recommended. Platforms like LinkedIn and X (aka Twitter) allow you to share professional wisdom and follow groups and individuals with similar interests.

Videos

Because text tends to be overwhelming, visuals are integral to any marketing campaign. Videos mitigate the mundaneness of reading text while maintaining curiosity for the audience as they wonder what happens next. Viewers can also watch them from any device, whether at their office desktop or on mobile devices for their on-the-go lifestyle. The mentioned reasons explain the increase in video consumption in recent years. HubSpot named a few statistics that occurred in 2023:

  • On average, people consume 17 hours of online videos per week.
  • HubSpot anticipates the number of digital video viewers to total 3.5 billion.
  • Out of all other content types, people are 52% more likely to share videos.

In addition, 1–2-minute videos can showcase introductions, interviews (participants in a webinar or panel also count), your ability to explain convoluted concepts quickly, and your personality. Becoming comfortable in front of the camera is a hurdle worth getting over. It is a skill that is a continuous work in progress. Do you want to be prominent in your audiences’ minds? Gaining new connections and nurturing existing ones means keeping them engaged with your material and insight.

Desired Results for Expert Witness Practice

PARTING WORDS

All in all, your brand identity and the material you create should work in tandem. Think of content marketing as the vehicle that drives your knowledge and personality to those you want to reach. Why not try to put your insight online in a cost-effective way! Of course, content creation should not add stress to your work life. Write, record, and publish content when you have ample time or when your industry allows you to do so. Ultimately, content marketing will maximize your desired results from your audience. What results are you looking for? Which platforms would be best to reach them? Answers to these questions will be available in the upcoming final third part.  

Build Your Brand - Expert Witness Practice
Expert WitnessMarketingSocial Media

Pt. 1: How To Make Your Expert Witness Practice Noticeable

INTRODUCTION

In the thirty years Experts.com has participated in the expert witness industry, our team has noticed a shift in legal marketing. In-person networking and phone calls were the main avenues for connecting with professionals. Since we have entered the digital age, the primary networking methods aren’t as extensive. Expert witnesses now have various options to promote themselves and their practice. Surely, the endless networking options digital marketing creates can be overwhelming. Some of you may have adjusted to it, but the array of options can be simplified for novices. Part 1 of this three-part blog series discusses the importance of personal brand definition and why it’s necessary for your expert witness practice.

PERSONAL BRAND DEFINITION – EXPERT WITNESSING

What is a Personal Brand?

As an expert witness, you provide your insight to attorneys and law firms. However, many people in the same field as you are doing the same thing. How will you stand out among the other industry experts? What is the distinct factor that influences attorneys to hire you for their case? Is it location, certifications, or notable accomplishments? Why are you the best fit for a client and their legal team? That’s where Personal Brand Definition comes in (Social Media Examiner).

According to Sprout Social, a personal brand is “a culmination of the experiences, skills, and values that differentiate you.” Given that the phrase is associated with marketing, professionals in that field may use their brand to “sell” themselves to clients. Expert witnesses, on the other hand, can use their brand to build connections with attorneys and law firms so they can get hired for their next case.

For instance, think of combining your expertise and individual image as a “professional total package.” Marketing your experience is half the battle; the other half is marketing yourself. You could be the top expert on paper and not get retained due to poor demeanor. The expert witnesses attorneys look for are those who communicate complex observations in layman’s terms, making their insight digestible for juries and the court. You know what you excel at and have the résumé to prove it. Being approachable and well-versed in your field is the first step to positioning your practice to those in the broader legal industry.

Expert Witnesses Expanding Connections

Why Personal Brand Definition is Necessary for Expert Witnesses

Ultimately, expert witnesses need a defined personal brand to distinguish themselves from those in identical fields. Because there are many occupations under the umbrella of general industries, like business or engineering, defining your niche is essential for your personal brand. For example, stating that you’re a medical expert is not enough information for attorneys to hire you. Depending on the case, an attorney might need a nurse, an orthopedic surgeon, or a pharmacist. Attorneys need a professional that has mastery over the nature of the case and can simplify complicated concepts. Setting yourself apart from experts alike and expressing a sincere disposition to attorneys and law firms will make your practice memorable.

In addition to standing out from competitors, there are many benefits to having a personal brand. According to Forbes, branding helps you:

  • Cement trust, consistency, and credibility with your desired audience.
  • Build lasting relationships.
  • Expand your network and career opportunities.
  • Maintain a consistent online presence.
  • Present transparency, expertise, and your unique personality.

Understandably, the word “brand” may seem ridiculous to the logical nature of expert witnessing. Although your knowledge may decide the case, your online image and branding are the gateway to the opportunity. Unless marketed successfully, your expertise could remain the best-kept secret.

PARTING WORDS

To summarize, it’s crucial to take advantage of new marketing methods in the digital age. A great place to start is by defining your personal brand. Intellect alone cannot sufficiently promote your expert witness practice. However, a balance between your experience and attitude can. Demonstrating the “professional total package” to relevant audiences in both physical and digital spaces will keep your name and practice at the forefront of their minds. As a result, it can expand your pool of connections and cases. Having a personal brand for your expert witness practice is the building block for your digital marketing efforts. Stay tuned for Part 2, where Experts.com covers how to turn your brand into tangible content.

Boy Scouts Photo
Expert WitnessOrganizational DevelopmentSexual Abuse

Boy Scouts: New Netflix Film Reveals Horrific Abuse Scandal

Introduction:

On September 6th, 2023, Netflix releases its latest documentary, Scouts Honor. It will depict how Boy Scouts of America (BSA) attempted to conceal a child sexual abuse scandal of immense proportion in American history. BSA has accumulated more than 1 million members since its inception in 1910 (Boy Scouts of America), similarly modeled to its British counterpart named the Boy Scout Association. Its mission to “prepare young people to make ethical and moral choices over their lifetime by instilling in them the values of the Scout Oath and Law,” is the foundation for its seemingly esteemed reputation. Congress chartered BSA in 1916 under Title 36, recognizing it as a “patriotic and national organization” (TIME Magazine). Additionally, the Title permits Congress to investigate the organization, which it never has (Washington Post). It is astonishingly ironic that certain individuals responsible for upholding righteous principles also perpetuated antithetical actions for nearly a century. Further into the blog, insight from Domestic Violence Investigation Expert and current Pack Master, Rachael Frost, Master Inv. (ret.) will be highlighted. Until then, here is a historical timeline of the Boy Scouts of America scandal.

Timeline:

Boy Scouts of America Child Sexual Abuse Misconduct (Abuse in Scouting)

  • 1920: BSA began collecting reports of volunteers accused of child abuse called “Red Files” just ten years after it was founded.
  • 1971: Unbeknownst to most Scouting employees, executives disclosed eradicating thousands of outdated “Perversion Files,” accounts of known child molesters within BSA. Files were eradicated if the abuser was over eighty years old or deceased.
  • 2007: The Boy Scouts of America faced its first lawsuit. Six former Boy Scouts in Oregon sued the organization for child sexual abuse by a previous scoutmaster in the 1980s. The jury consumed thousands of internal reports and saw how severely BSA mishandled sexual misconduct claims. As a result, the organization paid the plaintiffs $19 million in damages.
  • 2012: The Oregon case documents were made public. From the records, investigators discovered that officials implored sexual abusers to relinquish their positions rather than report them to the police, covering for the abusers to the detriment of the Scouts.
  • 2020: The Boy Scouts of America filed for Chapter 11 bankruptcy after many sex abuse claims and listed assets totaling almost $10 billion.
  • March 28th, 2023: BSA settled a class action lawsuit. Reuters states, “The Coalition of Abused Scouts for Justice, a group of 18,000 sexual abuse survivors, said the agreement would bring ‘some justice to tens of thousands of survivors, men and woman, many of whom would have been waiting for decades for this day to arrive.” The youth organization reached a $2.4 billion settlement because of this class action and the decades of sexual abuse claims filed (CNN). Depending on the allowed amount of the claims, individual survivors are expected to receive between $3,500 to $2.7 million in damages per claim. BSA also implemented its Plan of Reorganization consisting of programs dedicated to preventing child abuse, from background checks to prohibiting adult and child one-on-one sessions.
Photo represents the Red and Perversion Files collected by Boy Scouts of America executives.

Expert Q & A Section:

Domestic Violence Investigation Expert, Rachael Frost, Master Inv. (ret.), explains common characteristics among abusers, how to identify grooming behaviors, and potential legal reforms for the future:

*Disclaimer* – This article does not discuss pedophilia. This is a psychiatric diagnosis defined as “over a period of at least 6 months, an equal or greater sexual arousal from prepubescent or early pubescent children than from physically mature persons, and manifested by fantasies, urges, or behaviors,” (Psychology Today).

Q #1: In your experience, are there common characteristics or behaviors of known or suspected child abusers? If so, what are they?

A #1: Let’s focus primarily on those who commit sexual abuse against children. Regardless of motivation – whether an intense sexual arousal towards children, or specifically young boys, or because of a sexual desire to manipulate, control, and have sex with children due to vulnerability or opportunity, yes, child molesters have very similar tactics.

The following statement is not to tarnish any fields or people within them with heart and dedication for our youth. There are certain jobs that give perpetrators more access to a child and their family’s trust. They provide chances for them to simultaneously praise and condemn a child’s actions and personality traits to get them to rely more upon the perpetrator’s positive interaction. It allows them to isolate a child without raising extreme suspicion. Overall, they generally choose jobs where they are around children. You do not become an accountant.

Common tactics include:

  • Choosing a Vulnerable Victim: Kids with poorer relationships with family/foster child/looking for sense of belonging/lonely/taking advantage of a friendly connection.
    • It is important to note that being a vulnerable victim is NOT the victim’s fault. None of this is their fault. It is the perpetrator’s fault and manipulation.
  • Providing Special Consideration: “Love Bombing”/special gifts or treatment.
  • Providing Access to Risky Behaviors: Alcohol/drugs/porn/parties/staying up all night/going to places parents would not approve/etc.
  • Personal Time: Extra time together/going to a gym/spending time at the perpetrator’s house.
  • Sharing Secrets
  • Sharing Touch: Gradually getting them used to touch to “accidentally” grazing more intimate places.
  • Projecting Guilt: “If you do not do this for me you do not think I am special, you do not care.”
  • Sexual Contact: Framing intercourse or sexual contact as a learning process and normal.
  • Denials, Promises, & Blame: The perpetrator relies on their good standing in the community. The abuser also blames the victim’s “bad behavior” if any possible disclosure is heard.
  • Power and Control: Promising Withholding [below]/promising to tarnish the person’s reputation if they say anything/using homosexuality as a manipulation tactic.
  • Withholding: Time/gifts/secrets/promises – when the victim pulls away or does not meet control requirements of the perpetrator.
  • Threats

Q #2: Do you think State and Federal legal reform is necessary to mitigate child sexual abuse?

A #2: Yes, reform should be considered in four areas –

  • Regulations for Access and How Adults Interact with Children: The Scouts have required safety courses, fingerprinting, and a safety video advising no single adult should ever be alone with a Scout. However, it must be greater to include a full background check by a trained background investigator…, and specific, defined interaction requirements that are subject to civil or criminal investigation if violated.
    • No adult/set of adult in a room away from other children and adults.
    • Rotating parent involvement.
    • Mandatory awareness training for all parents becoming involved in an organization for what behaviors are unacceptable.
    • Child education regarding what association representatives should and should not do.
  • Education for and Increased Types of Professions Who Are Mandated Reporters of Child Abuse or Neglect: Even those who are mandated reporters too often do not report, often because they either do not know they should report or are dissuaded by executive staff.
  • Increased Annual Education for Children and Safe Spaces for Children to Report Abuse and Neglect: Children should know who they can talk to. They can come to the front office, or talk to a teacher, officer, parent, or mentor they trust. Examples of what predators say to keep children from saying anything, and discussing grooming tactics openly, are all important.
  • Mandated Policies and Procedures to be followed in Child Abuse and Neglect Reports and Investigations and Consequences for Legal Failures: Addressing legal failures that prevent mandated reporters and investigators from letting incidents fall through the cracks is necessary. Including protections for mandated reporters begins with confidentiality and job protection. This should also include specific, supportive direction and significant consequences for the knowing failure to meet these legal requirements.

Additional solutions:

Emphasizing parent education about what grooming looks like can also mitigate child sexual abuse in organizations like the Boy Scouts of America. Parents are advised not to leave their children or a group of children alone with a single adult, no sleepovers, or traveling alone with adults. Finally, they should also pay attention to the amount of time an adult spends with their child and gifts being given to their specific child and not others.

Q #3: Will the Boy Scouts of America’s reorganization reforms successfully reduce abuse, and are there other processes it should institute to prevent abuse?

A #3: This is a start, and additional safety features may be put in place. However, like all programs, it cannot simply be an add-on program. It must become a mantra, a process, a part of what the Scouts are. It must be prevalent in how leaders conduct themselves, messaging from the association, from schools, parents, and participants.

Q #4: In my lifetime, I’ve seen massive organizational abuse and coverups in both the Catholic Church and now the Boy Scouts. Are there other organizations where similarly massive scandals are currently under investigation?

A #4: There are a few reasons why abuse in Scouting was prevalent for so long. While these could be argued as good things, it combined religion, youth mentorship, and regulated behaviors (uniforms, respect, pride, honor) with a leader responsible for teaching children lifelong and beneficial skills embodying the roles of God and righteousness. Parents and other community members saw these gregarious and friendly leaders as pinnacles of the community. They were held to a high standard, supposedly met the standard, and were above reproach. Still, underneath all that friendliness is a complicated, harmful monster. The difficult part is spotting the wolf among the overwhelming group of great pack and troop leaders.

I became a Pack Master because I believe in the mission of providing children a safe space to learn and create community. I wanted to establish an environment where I knew that kids were celebrated for who they were without judgment and mitigate misplaced patriarchy. Fostering the recognition of every culture, race, religion/non-religion, sexual orientation, and gender identification is important. Respect, community, and positive behaviors can develop without fear of Eric Cartman’s (South Park) “You will respect my authori-tay” mentality.

Specifically regarding organizational coverups, they occur in any system or association. Organizations need executive staff members who recognize the true issues of an ongoing problem are 1) wrong; and 2) have to be addressed effectively and transparently. The messages and processes for this leadership must be clear throughout the entire organization and community. Any entity has to inquire about its “Business Culture” during its strategic planning and must meet in all they do. It is crucial for organizations, especially those that serve children, to lead ethically. Lastly, ethics do not rest on a checklist, as true solutions are holistic and complete with redundancies and iteration.

Expert Parting Words:

Emphatically, no one should be above the law and of decency. Evidence-based investigation is vital. We cannot allow for anything otherwise or else we are just giving into cancel culture. There is often extreme corroborative evidence in these cases, especially when law enforcement can quickly get to them.

Wooden blocks spelling moral and ethical, the two qualities needed for leaders in the Boy Scouts of America and all other organizations.

Conclusion:

According to Rolling Stone Magazine and Brian Knappenberger (director of the upcoming Netflix documentary), “There are over 82,000 and counting survivors of sexual abuse in Scouting.” From the Scouts Honor trailer alone, the courage and fearlessness of the interviewees involved are highly commendable. Tomorrow’s release will provide a more detailed depiction of the severity of BSA’s abominable actions and the suffering it induced. From the current circulation of news, the Boy Scouts of America has undergone a three-year financial reconfiguration process. It also enacted a Plan of Reorganization, where a series of protection policies were implemented to ensure children’s safety. Examples include required youth protection training for employees and volunteers, criminal background checks for staff and leaders, and the ban on one-on-one interactions between adults and scouts. Hopefully, the youth organization and historic institution will clean up its act and keep its promises to survivors by breaking its cycle of criminal behavior.

A special thank you to our Domestic Violence Investigation expert and Pack Master, Rachael Frost, Master Inv. (ret.), for taking the time to provide her contributions.

If you know anyone in need of support, visit the RAINN website or call the National Center for Missing & Exploited Children’s telephone hotline 800.THE.LOST (843-5678).

Crime Scene Do Not Enter Photo
Criminal JusticeCriminal Law

A Review of the Alex Murdaugh Trial

On March 2nd, 2023, Alex Murdaugh was convicted of killing his wife, Maggie Murdaugh, and 22-year-old son, Paul Murdaugh, at their Moselle home in South Carolina’s Lowcountry. Murdaugh was once a name with an untouchable reputation due to their affluence and connections to the South Carolina justice system for nearly a century. Now, their prestigious image and legal reign have withered. While the trial may have been the straw that broke the camel’s back for the Murdaugh’s, sickeningly, this tragedy was not the only crime allegedly related to the family. Below is a convoluted timeline of the events leading up to the trial, and a summary of the trial itself.

Welcome to South Carolina sign.

Timeline of Events (FOX News, Inside Edition, CNN)

January 2006: Randolph Murdaugh III relinquished his role as a prosecutor responsible for overseeing five counties in South Carolina’s 14th circuit district: Allendale, Colleton, Hampton, Beaufort, and Jasper. His son, Alex Murdaugh, volunteered at the solicitor’s office while simultaneously continuing his partnership with Peters, Murdaugh, Parker, Eltzroth & Detrick, a prominent personal injury law firm.

July 8th, 2015: 19-year-old Stephen Smith, a former classmate of Alex’s oldest son, Buster Murdaugh, was found dead in the middle of a road. South Carolina Highway Patrol investigated the scene and discovered Stephen’s car was out of gas, which was a mistake that occurred frequently, and the tank was open. It ultimately declared the incident to be a hit-and-run and had an autopsy to confirm the determination. However, the car was approximately three miles from Stephen’s body, he suffered severe head trauma, and he had injuries on his left arm. To add, Stephen’s family thought it was off that he did not call them for help, which was normal practice if he was stranded. The listed observations made Chief Billy Jarrell think the incident may have been a homicide.

In December, the South Carolina Law Enforcement Division (SLED) received an anonymous tip revealing Paul and Buster as potential persons of interest. While there were rumors of Buster and Stephen having a secret affair, neither of the brothers were named suspects in the incident and it remains unsolved.

February 26th, 2018: Gloria Satterfield, the Murdaugh family’s housekeeper, allegedly died from tripping over a set of stairs at the Moselle property. Her family issued a wrongful death claim ten months later but never received the money.

February 24th, 2019: Paul, who was underage, drunkenly crashed his father’s boat into a bridge in Beaufort, resulting in the death of 19-year-old Mallory Beach, whose body was found a week later. The incident also injured four other friends. It was reported that he had a blood alcohol level three times the legal limit. Paul was later charged with three felony counts of boating under the influence causing injury or death and was released on a $50,000 personal recognizance bond. A trial did not occur due to his murder.

April 2021: Maggie Murdaugh allegedly met with a divorce attorney for a consultation.

June 7th, 2021: The Moselle Murders occurred.

  • Between 9:00-9:30 P.M., Paul and Maggie Murdaugh were fatally shot outside of their family hunting property. Two different guns were fired: a shotgun was used on Paul, and Maggie was shot with an assault rifle (Daily Mail).
  • At 10:07 P.M., Alex Murdaugh hysterically dials 911 reporting he discovered Paul and Maggie’s bodies near the dog kennels. In his first statement to a deputy who arrived at the scene, Alex stated Paul was receiving online threats for his involvement in the boating accident.
  • At 11:47 P.M., SLED officers became the lead investigators of the case.

June 23rd, 2021: Considering new details regarding the Murdaugh murders, SLED reopened the cold case of Stephen Smith’s murder in 2015.

September 2021: A series of events took place.

  • September 4th: Alex reported to 911 that he was shot in the head by a gunman passing by in a truck while he was changing a tire on the roadside. Evidently, the incident happened near the Moselle crime scene. Later that day he announces his recusal from the family practice and attends rehab for a twenty-year-long opioid addiction.
  • September 6th: Murdaugh’s law firm explained his embezzlement of the firm’s finances was the basis of Alex’s departure. The partners came to this conclusion after working with a forensic accounting firm.
  • September 15th: Alex admitted to staging his own shooting as an effort to give his son Buster a $10 million life insurance policy since the money would not be provided if his death was caused by suicide. He hired a friend named Curtis Smith, aka “Cousin Eddie.”
  • September 16th: To direct law enforcement to focus on Paul and Maggie’s murders, Alex admitted to the orchestration of his roadside shooting and turned himself in after an arrest warrant for alleged insurance fraud was released.
  • September 20th: Connor Cook, a former friend of Paul, filed a lawsuit against Alex claiming he was scheming to blame Connor for the 2019 boat crash.

October 2021: Another series of events happened.

  • October 6th: Gloria Satterfield’s sons filed a lawsuit against Alex stating he misused the death settlement money. They never received any of the $4.3 million that was owed.
  • October 9th: Alex was arrested from rehab for falsely acquiring property which stemmed from Gloria Satterfield’s wrongful death settlement.
  • October 13th: Alex has been announced as a person of interest for Paul and Maggie’s murder.

From this time up until December 2022, Murdaugh has been charged with the death of his wife and son. He was also charged with nearly 100 fraud, criminal conspiracy, and drug charges for potentially running a drug ring in Colleton Country with Curtis Smith (2013-2021). SLED also announced its exhumation of Gloria Satterfield’s body, which is an ongoing investigation. Stephen Smith’s case is also ongoing, but additional information has not been made public.

Courtroom Testimony.

Trial: The State of South Carolina v. Richard Alexander Murdaugh (FOX News, Inside Edition)

The six-week trial began on January 23rd, 2023, and ended on March 2nd, 2023.

Week 1 Insight: Prosecutor Creighton Waters brought Sgt. Daniel Greene, who was at the crime scene on June 7th, 2021, to the stand. Despite Murdaugh telling law enforcement he checked for pulses on the bodies, Greene told the court Murdaugh lacked blood on his clothes and hands, and tears in his eyes.

Jurors learn the timeline of what occurred in June. Videotaped interviews reveal Alex drove around the Moselle property with Paul and ate dinner with Paul and Maggie afterward. This dinner was the final time Alex saw his wife and son. Maggie went to the dog kennels, which was a quarter mile from the house, and Paul left without stating his location. Alex took a twenty-minute nap with the TV on. He wakes up and sends Maggie texts and phone calls, only to not receive a response. A few minutes past 9 P.M., he visited his mom who suffers from Alzheimer’s at her home 20 minutes away from Moselle. Alex came home, saw the house was empty, and drove to the dog kennels to look for Maggie. He discovered the tragic scene and dialed 911 at 10:07 P.M.

Week 2 Insight: A debate between the prosecution and defense ensued over Alex’s pronoun use in a videotaped interview with SLED. Here is the following statement of contention: “It’s just so bad. I did him so bad.” The prosecution believes Alex said “I,” meaning he had inadvertently confessed, whereas the defense believed he said, “they.”

The prosecution presents the court with a pivotal piece of evidence: a Snapchat video. Paul recorded a video via Snapchat at 8:44 p.m. placing him at the dog kennels. Prosecutors said he was murdered three minutes after. There were two other voices other than Paul’s recorded in the video. Paul’s friends, Will Loving and Rogan Gibson, confirmed the male voice belonged to Alex. This confirms Alex was at the crime scene minutes before the murders despite him saying he arrived around 10 P.M. when they were murdered.

A second Snapchat video was filmed an hour before the previously mentioned Snapchat video. It portrayed Alex in a completely different outfit than what he was wearing when law enforcement arrived at the scene.

Week 3 Insight: A bomb threat was called in and caused the courtroom to evacuate. After it was proven a hoax and everyone returned inside, jurors listened to extensive accounts about Alex’s alleged financial misdeeds. They also learned Shelley Smith, Alex’s mother’s caretaker, was pressured to say he visited his mother for at least forty-five minutes. He was only there for twenty minutes. The Murdaugh’s current housekeeper also took the stand. She said Alex told her to say he wore a different shirt the day of the murders.

Week 4 Insight: Before the prosecution rested their case, Marian Proctor, Maggie’s older sister, announced to the jury Alex told Maggie and Paul to come to the Moselle property despite not wanting to go. She also alluded to Maggie’s happiness with Alex despite the imperfect marriage.

Dr. Ellen Reimer, the pathologist who performed Paul and Maggie’s autopsies, testified against the defense’s theory of how the deaths occurred (Law and Crime Network). She suggested their proposed theory would have left more damage to the bodies than what appeared.

The final witness brought to the stand was special agent Peter Rudolfski, who revealed additional information regarding the timeline of the June 7th murders. At 10:05:57 P.M., Alex arrived at the dog kennels. At 10:06:14 P.M., less than 20 seconds later, he phoned 911. Alex told the dispatcher he checked for Maggie and Paul’s pulses, whose bodies were 30 feet apart from each other. Paul’s knowledge of his father’s drug addiction, and his confrontation with Alex about the issue, were brought to light as well.

Week 5 Insight: Buster Murdaugh was a witness for the defense and testified he drove over to the Moselle property after his phone call with Alex regarding the brutal death of his mother and brother. During his testimony, the defense plays the controversial video that sparked debate three weeks ago. Buster said Alex used the “they” pronoun as opposed to “I.”

This is also the week Alex took the stand in his own trial. He admitted to lying to friends, family, and investigators about being at the dog kennels with his wife and son minutes before the time prosecutors said they were murdered. Despite having a bag of opioids on him that night, he told the court his drug addiction caused paranoia and stated his distrust of the investigators.

Week 6 Insight: After listening to the closing arguments, the jury deliberated for less than three hours and ultimately delivered a guilty verdict. Alex Murdaugh was sentenced to two consecutive life sentences without parole on March 3rd, 2023.

CNN reports the confirmation from Alex’s defense team that they will be appealing the sentencing for Paul and Maggie’s murders. The trial may have ended, but it certainly will not be the last time Murdaugh enters a courtroom. CNN states prosecutor Creighton Waters will pursue Murdaugh’s plethora of financial, conspiracy, and forgery charges.

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Law: Gender Gap in Expert Witness Work

On June 10th, 1963, the Equal Pay Act was enacted to require men and women to receive the same pay for the same work. Over 50 years later, gender equality still dominates workplace conversation. Since the 1960s, this “pay gap” has closed significantly, so it is best to recognize progress. For some industries, however, the pay isn’t even the issue. It’s the gender, or lack thereof. In a multi-million-dollar industry with many participants, it is difficult to ignore the underrepresentation of women in the expert witness industry. 

The Financial Times stated, “Last year in the Who’s Who Legal expert witness directory, just 16 percent of the experts listed were female.” The same article also mentioned a 2020 study by PwC and Queen Mary University. Out of 180 arbitral proceedings awards managed by the International Chamber of Commerce in Paris and New York between 2014-2018, only 11% were given to female expert witnesses. This blog aims to explain why the gap exists, provides tips for those in the legal industry to encourage women to participate in expert witness work, and includes accounts from Liability Insurance Expert and Experts.com Member, Jane M. Downey, ARM, M.Ed.

Three central reasons contribute to the scarcity of female expert witnesses. The first reason is simply that it is a male-dominated industry. For instance, according to Bloomberg ABA/BNA Lawyer’s Manual on Professional Conduct, “an astonishing 80 percent of expert witnesses chosen by attorneys are male.” Considering the field has been male-centric for an extended period, attorneys are more inclined to work and cooperate with male expert witnesses. The second reason stems from the first, which is a lack of availability. The same article states “there are far more male experts to choose from in almost all specialties – with the prominent exception of nursing.”

The third reason involves gender stereotypes and roles which have always existed in our society. The Jury Expert released an article about the ways gender bias affects both male and female expert witnesses. An excerpt from the article states, “Some studies have shown that men may be more influential and persuasive than women, particularly when they occupy traditionally masculine roles.” Prejudice is more likely to surface when women pursue roles that do not correspond to their gender’s expectations (structural engineer, police policy, construction defect), which may occur on a case-by-case basis. That is not to say people should only pursue occupations limited to their gender norms. The prejudice correlates to how an expert may be perceived by juries and judges. “The degree to which the expert’s gender and the type of case agree (what researchers call ‘gender congruence’) may be important in determining whether a male or female expert will be more credible and persuasive,” The Jury Expert.

The above reasons generally explain the lack of female expert witness testimony. Individually, women have different experiences in their expert witness work. The following is an insightful Q&A with Jane M. Downey, ARM, M.Ed, regarding her experience as a female Liability Insurance expert witness:

Q: How did you discover expert witness work?

A: My first case was a referral from the President of the Insurance Society of Philadelphia. I did not like that case because it had a 48-hour Federal turnaround timeline and was very stressful; therefore, I did not pursue the work until a few years later. It was then I was approached on a massive case, and I really enjoyed the work and the team of attorneys that I supported.

Q: What was the deciding factor for you to participate in providing expert witness testimony?

A: I have always loved to write and teach.

Q: Have you faced any difficulty as a female expert witness?

A: I think being female has given me an advantage. I stand out in all the listings.

Q: Why do you think there is a gender gap in the insurance industry? Do you think it might be attributed to a lack of knowledge of expert witness work as an option for financial income or other factors like gender roles?

A: I think there is a gender gap in the insurance industry, but it is much narrower now than in other industries. To be an expert witness, you have to be willing to be confrontational. I know a lot of women who avoid conflict.

Q: How should the legal industry encourage women to consider participating in expert witness work?

A: Training, training, training. I did not realize until recently that my master’s degree in Group Dynamics prepared me for this work and my work as an insurance arbitrator.

There are initiatives in place to inspire women to consider expert witness work as a part-time or full-time job. The previous Financial Times article highlighted a campaign called The Equal Representation for Expert Witnesses. Initiated in 2015, its goal is to help women market themselves to the legal industry. According to the article, “the pledge has 4,129 individuals and 983 organizations in 143 countries as signatories.” With movements such as this, hopefully, we will see more women entering the arena of participants for expert testimony.

Ultimately, attorneys, male or female, must do their due diligence in selecting the most highly qualified expert for their case, regardless of gender. But if women are absent from the pool of experts there can be no expectation for change. With proper training and industry knowledge, women can find expert witness work to be intellectually challenging, lucrative, and satisfying. A special thank you to Liability Insurance Expert and Expert.com Member Jane M. Downey, ARM, M.Ed for taking the time to contribute to our latest blog post.

GEICO store
AutomotiveExpert WitnessInsurance

Insurance: All CA GEICO Stores Shut Down

During the first week of August, GEICO officially announced its shutdown of all California locations (Sacramento Bee). When the Sacramento Bee article was written, GEICO’s website listed some of the operating San Diego and Bay Area offices, but a week later, California was removed from the list of states to search for a local office. Not only are 2.18 million Californian GEICO customers affected, but hundreds of employees are left jobless. Why would the largest auto insurance company implement a mass in-person exodus from the most populated state in the country? This question and more are answered in this month’s topical post, with insight from Liability Insurance Expert and Experts.com Member, Ms. Jane Marie Downey, M.Ed, ARM.

GEICO is a private insurance company headquartered in Chevy Chase, Maryland. Since 1936, it has passed 17 million policies in force (active insurance policies) and has insured over 28 million vehicles (last checked in 2019) [GEICO]. GEICO has offered in-person services to consumers in every state until recently with the shutdown of locations in California. Former California Insurance Commissioner Dave Jones stated, “The benefits of having a physical location in California with actual offices and physical agents is that it’s easier for the Department of Insurance to make sure those individuals have a license and meet California’s very stringent standards – consumer protection standards for the sales of insurance,” (ABC10). From a customer perspective, visiting GEICO in person helps alleviate any miscommunication with agents and ensures they receive the correct coverage or assistance they need. Unfortunately, this is no longer an option for Golden State residents.

Corporations like Tesla and Oracle removing themselves from California has become a norm in recent years. In their new locations, they can now more cost-effectively serve their consumers. The following insight from Ms. Jane Marie Downey, M.Ed, ARM, and various news articles, explains GEICO’s California departure. According to Ms. Downey, “The cost of doing business in CA is high.” She also mentioned that the steep increase in personal injury and automobile liability insurance, “nuclear verdicts,” have made it difficult for insurance companies to price accurately. Verdicts can reach as high as $30 million or more. To add, “GEICO is owned by Warren Buffett’s Berkshire Hathaway, which reported a 53-percent drop in earnings for the first quarter of 2022. It reported earning $47 million in insurance underwriting in the first quarter of this year, compared to $764 million in the same quarter in 2021,” (The Epoch Times).

California’s state regulations seem to be the root of GEICO and other corporations’ removal from California or migration to another state. Steve Young, a lawyer for Independent Insurance Agents & Brokers of California, said, “There’s a very complicated insurance rating law that is in effect here that makes it very difficult for insurers to have confidence that they can get the rate that they need from an actuarial perspective to ride these risks going forward,” (ABC10). The article reported the agents were under a gag order, but one of them said GEICO had to lower costs on its own due to rate increase rejections by the Department of Insurance. Although it eradicated brick-and-mortar services to California customers, GEICO provides presently insured consumers with online options through its website and app. This might frustrate technologically unsavvy customers knowing in-person consulting is unavailable.

Customers are not the only party affected by this swift decision. Hundreds of owners and employees of all 38 GEICO offices in California experienced a massive layoff. These offices are independently owned, and the Sacramento Bee reported agents spent between $100,000 and $250,000 to open them. “Locally owned branch offices were told of the company’s decision in a two-minute zoom call,” (The Epoch Times). The same article explained one owner’s situation: he packed up his office after being open for a year and sought legal representation for the quick shutdown. There have not been any new articles on personal anecdotes or GEICO generally since the beginning of August. If further information is released, the blog will be updated.

Thank you to Ms. Jane Marie Downey, M.Ed, ARM, for contributing to this month’s blog post.

Expert WitnessFilm IndustryMediaTrademark Infringement

Trademarks: The Fight for “Dunder Mifflin” Rights

NBCUniversal, LLC has made headlines once again, but this time, it is not to announce a new show or streaming service. On July 1st, 2022, the media conglomerate filed a lawsuit against Jay Kennette Media Group for trademark infringement of the fictional paper company, “Dunder Mifflin,” from the hit U.S. adaptation of The Office (DEADLINE). The suit was filed in the U.S. District Court for the Central District of California. As the lawsuit is in its inception details are limited. In this month’s blog post, readers can expect to find background information leading up to the filed lawsuit, explanations about trademarks and their significance, and insight from Trademark, Copyright, and Apparel Experts.com Member, Mr. Antonio R. Sarabia II.

From 2005-2013, the American version of The Office, starring Steve Carell, Jenna Fischer, and John Krasinski, chronicled the peculiarities and typical workday of office employees at Dunder Mifflin paper company. To say the show was successful is a gross understatement. According to The Washington Post, The Office received 42 Emmy nominations and won a total of 5 nominations during its nine seasons. It recently surpassed another successful NBC sitcom, Friends, for the most streamed show on Netflix in 2020. Given its impact on the public and pop culture, it was sensible for NBCUniversal to keep The Office in-house with the release of its subsidiary, Peacock TV, that same year. The network also attempted to register the trademark for the faux company name for merchandising and sales purposes, but because the Jay Kennette Media Group beat them to the punch in 2016, The U.S. Patent and Trademark Office denied NBCUniversal’s application.

Other than the situation on which this lawsuit is based, the Jay Kennette Media Group is known to register trademarks that belong to other companies and has thus garnered the reputation of an alleged “trademark squatter.” Mr. Sarabia defines a “trademark squatter” as “someone who takes the trademark of another and registers it before the owner does, usually with the intent to sell it back to the rightful owner.” Whether the media group planned to sell the Dunder Mifflin trademark back to NBCUniversal is unknown, but given the recent lawsuit filing, the outcome of who receives the fictional company’s trademark will now be decided by the judge. According to DEADLINE, “The lawsuit aims to end Jay Kennette Media’s use of the Dunder Mifflin name and destroy any remaining branded merchandise. The plaintiffs – NBCUniversal Media LLC, Universal Television LLC, and Universal Studios Licensing – also seek unspecified damages and any profits already derived from sales of the merchandise.” With the background information of this lawsuit in mind, let’s delve into how trademarks are licensed and their importance with further knowledge from Mr. Sarabia.

Q: What are the steps to registering a trademark?

Mr. Sarabia: First, file the application with the U.S. Patent and Trademark Office, then respond to any request for changes from them. In some cases, the U.S. Patent and Trademark Office will reject the application for conflict with a prior application or registration. Assuming that does not happen, next the application is published for opposition. When an application is published for opposition, anyone who believes the application conflicts with their right may oppose the application. That rarely happens. If there is no opposition, the application proceeds, and the U.S. Patent and Trademark Office issues a Notice of Allowance. If proof of use has already been filed, the application will proceed to registration. If proof of use has not been filed, the applicant has time to file that, but it must be done before the mark is registered.

Q: What is the benefit of registering a trademark?

Mr. Sarabia: A registered trademark has nationwide protection and improved damages in case a lawsuit is necessary.

Q: The Jay Kennentte Media Group has become known for being an alleged “trademark squatter.” How prevalent are “trademark squatters?”

Mr. Sarabia: Very common, though less likely in the U.S. than in other countries.

Q: How can businesses prevent being negatively impacted by “trademark squatters”?

Mr. Sarabia: Make sure that their marks are registered in each country in which they sell products or offer services and in those countries in which products are manufactured.

Q: NBCUniversal submitted their trademark application for the fictional paper company, Dunder Mifflin, several years after The Office ended. Is it normal for businesses to delay registering trademarks for products or names?

Mr. Sarabia: It is common, particularly in a situation in which the company is fictional. In other situations, there may be delays because the company may not consider how important trademarks are to its business, a mistake.

A special thank you to Trademark, Copyright, and Apparel Experts.com Member, Mr. Sarabia for graciously taking the time to participate in this month’s blog topic. This post will be updated once a settlement has been determined.

PsychiatryPsychologySexual Abuse

Psychiatry: Religion, Power, and Sexual Assault

Religious communities are one of many places which provide people a sense of belonging. Connecting with fellow congregants with like-minded beliefs brings comfort and safety. However, religious institutions are not exempt from exploiting, coercing, and manipulating devotees into unsavory demands. Experts.com Member and Psychiatry Expert, Dr. Mark I. Levy, MD, DLFAPA, shares insight about abuse, power, and institutional betrayal within religious groups.

Although abuse occurs in every religious institution and denomination, the most recent scandal involves the Southern Baptist Convention. According to AP News, the Southern Baptist Convention’s Executive Committee, along with other high-profile members, currently have a chance to acknowledge a scathing report regarding their lack of action toward allegations of sexual assault. For over two decades, survivors and involved members of the church received unsatisfactory responses to abuse, which included, “resistance, stonewalling, and even outright hostility from some within EC.” An investigation has been conducted and a report was released on Sunday, May 22nd, 2022.

After seven months, a lengthy 400-page report has now been published. It mentioned, “for many years, a few senior EC leaders, along with outside counsel, largely controlled the EC’s response to these reports of abuse…and were singularly focused on avoiding liability for the SBC.” This list was made public days after the investigative report’s release, which was the SBC’s effort to encourage national churches to be “proactive” in defending the vulnerable (FOX News). Ed Litton, Southern Baptist Convention’s President, stated he was “grieved to my core” for the survivors and urged churchgoers to “prepare to change the denomination’s culture and implement reforms,” (AP News). He also vowed to address the failures and the report’s findings during their 2022 national meeting in Anaheim, California on June 14th and 15th, 2022. While the body of the Convention will meet in Anaheim, several high-ranking Executive Committee members will not be attending, as they have relinquished their roles in the church.

The Southern Baptist Convention is not the only denomination to be accused or charged with sexual assault. A recent study by the University of Alberta was released in 2019 detailing patterns of sexual assault in religious and ideological groups. This includes the Catholic Church, Protestants, the Branch Davidians, Fundamentalist Latter-Day Saints, Hindu ashrams, and various cults. Along with academic studies, documentaries such as Leah Remini: Scientology and the Aftermath (Netflix), The Vow (HBO Max), and Keep Sweet: Pray and Obey (Netflix) also expose the coercive abuse that occurs in these groups.

Experts.com Member, Dr. Mark I. Levy, MD, DLFAPA, provides his contributions on the matter. When asked about grooming minors and sexual assault against adults within religious groups, Dr. Levy presents a thought-provoking paradox. He states:

When humans identify with codes of ethics, which all religions espouse, they put themselves at risk of their own fallible humanity. In general, there’s always this perceived idealization of the role of the person in a morally heightened position and the fact that life is imperfect.”

The discrepancy between the revered status of religious leaders, along with the virtuous sermons they preach, and the egregiously immoral acts committed, is the shock value associated with deplorable situations like the ongoing Southern Baptist Convention scandal. Sexual assault and rape are heinous crimes altogether, but the inconsistency also explains why religious sexual assault contentions make more news headlines than workplace, university, or random abuse cases.

Dr. Levy provides four reasons why sexual abuse continues in religious groups:

  • Authority: The sexual abuse against minors and adults in religious environments has more of an emphasis on a person’s position of authority rather than the ideology itself. “Authority is a critical component to this because a person has to be in a role of trust and respect, which increases the chance of being able to abuse minors. It disarms them when the person is recognized as the leader because they are more prone to trust and believe them.” In communities like churches, repeat abusers in authoritative roles are not quick and brash in pursuing their ulterior motives. Due to their constant access to believers, they meticulously and strategically develop a seemingly benign relationship with their victims to ultimately exploit them at a given opportunity.
  • Power: If authority is the vehicle for abusers, then power, granted by their authority, is the fuel that perpetuates these atrocities. “Sexual abuse is always about power. Sexual abuse of children, which clearly uses that, is also about the sexual gratification of the adult abuser’s needs. They’re peculiar because the sexual interest is focused on minors because of the abuser’s own psychopathology.” Defenders may say it is justified by culture, tradition, and love, but it is illegal under the law because children are not mature enough to give consent.
  • Structure of the Group: “There are particular problems with institutions dominated by men, which are virtually all major religions. One wonders if the leaders of the Catholic Church were female…, whether there would be the same sexual abuse scandal.” This is not to say that women cannot abuse others. However, sometimes the camaraderie within fraternal groups is based on a “boys will be boys” mentality, which tends to excuse abusive behaviors and disregard the damage done to victims.
  • Structure of Belief System: “I think that sometimes within religious belief systems where sin is a prominent concept and confession of sins leads to forgiveness, the psychological damage done, and not to mention the legality of the sin, is often overlooked because it is forgiven in a religious concept.” To reverse this, victims subject themselves to acts they would not do otherwise to avoid sin, reach salvation, or to meet the expectations of the congregation. When church leaders manipulate ideology for their own selfish satisfaction, they violate their congregant’s spiritual, moral, and physical vulnerabilities.

As stated above, offenders in authoritative positions like priests or teachers are typically repeating abusers. Repeat abusers generally commit certain behaviors that allude to deviant motives. Specifically, regarding the adult sexual assault of minors, Dr. Levy has named a few warning signs that can potentially mitigate further abusive situations when identified. These include solely befriending single moms, children having an “adult friend,” overstepping boundaries (children sitting on laps or being invited out to dinner alone), and becoming an “adopted uncle” of the family. Some of these behaviors may not directly indicate the person is an abuser, but all four certainly pose a concern.

If you or someone you know needs support, call 1-800-656-4673 or visit https://www.rainn.org/resources.