Category: Expert Witness

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Google Antitrust Investigations: FTC, EU, state attorneys general… More to come?

The ABA Journal reported this week that Google was subpoenaed by the Missouri attorney general (Josh Hawley) for antitrust and consumer protection violations. Google has been placed on notice and the investigation is ongoing. Earlier this year, the Mississippi attorney general sued Google for similar violations and the European Union fined the company $2.7 billion for consumer protection violations. Are you seeing a pattern? Antitrust litigation against Google seems to be full speed ahead.

According to the article, the Federal Trade Commission (FTC) completed an investigation against Google in 2013. The FTC concluded, “We have not found sufficient evidence that Google manipulates its search algorithms to unfairly disadvantage vertical websites that compete with Google-owned vertical properties.” Evidently, Mr. Hawley does not agree with the FTC finding so he decided to investigate on his own.

When investigating and prosecuting cases involving sophisticated technology and antitrust issues, attorneys depend on experts to perform complex investigations and unravel complex issues. Who will the attorneys general and defense counsel turn to in support of these involved matters? Let’s take a look at the issues:

Antitrust / Consumer Protection:

To understand more about the laws governing antitrust issues in the US please visit the FTC for a brief summary.

Essentially, United States antitrust law is a collection of federal and state laws regulating the conduct and organization of businesses, generally to promote fair competition for the benefit of consumers.  As the FTC page indicates, there are three main laws covering antitrust behavior: the Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. For more than 100 years, “The antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up.” The laws also basically prevent collusion or cartel-like practices and monopolies.

The Missouri attorney general has said, “There is strong reason to believe that Google has not been acting with the best interest of Missourians in mind.” It appears the Mr. Hawley believes Google is doing things which are not promoting, and possibly impeding, fair competition. Further, their algorithms may be directing users to Google-owned properties rather than websites offering services which compete with those Google-owned properties. As Google is the 800 pound gorilla when it comes to Internet searching, any tactics directing users to their own goods or services could be considered a restraint of trade.

In order to prove Google manipulates algorithms for their own benefit, the Missouri attorney general is probably going to have to employ some expert consultants who may later testify as expert witnesses. Google’s defense counsel will probably have to do the same. I assume Google will have many of the pre-litigation consultants in-house.

During the investigation, Mr. Hawley will likely need to consult with antitrust and antitrust economics experts to determine if actions by Google are negatively impacting consumers or restraining trade. Furthermore, he may need to employ consultants to conduct market research to have statistical evidence of the impact on consumers.

Algorithms:

Most of us (is this too presumptive?) have some sort of rough idea about search algorithms and what they accomplish. We understand it to be a mathematical equation used to search data and deliver a result based on the search terms we utilized.

After reading my last paragraph, I have to say there are probably far more accurate and simplistic descriptions of an algorithm. I may not have properly described how they work. That’s because I’m not a computer scientist. Luckily, neither the prosecution nor defense will be calling Nick Rishwain as an expert witness in Missouri v. Google.

The legal representatives from both sides are going to need assistance in understanding search algorithms and how algorithms might be manipulated by Google. They are going to need to know this quite early in the case in order to request and deliver the proper documentation during the investigation and discovery stages should Missouri file a lawsuit.

Both sides will likely need the assistance of information and Internet technology consultants. More specifically, I can see the need for information science & architecture experts as well as search engine optimization experts.

As the ABA Journal article made abundantly clear: Google has faced many legal actions related to antitrust and it appears even more legal actions lie ahead. It should be noted that Google is not alone in this area. There appears to be increased chatter about antitrust actions against Amazon as well. If the US Department of Justice and the Federal Trade Commission avoid taking action, we may see more attorneys general choosing to investigate and possibly prosecute the corporate giants for dominating the market.

For more information, check out the Experts.com Antitrust Articles section.

Expert WitnessExpert Witness TestimonyLawyersLitigationMedical

Opioid Crisis – An increase in addiction medicine and pain management expert witnesses.

In the nearly 8 years that I’ve been with Experts.com, I have noticed a massive increase in the number of addiction medicine and pain management expert witnesses marketing their services with our company. Between 2010, when I joined Experts.com, and today, the increase has been nearly five-fold.

Is this increase a surprise? Based on what we’re seeing in the news, the answer is no. The United States is experiencing an opioid epidemic. According to CNN’s Opioid Crisis Fast Facts, “more than two million of Americans have become dependent on or abused prescription pain pills and street drugs.” CNN further explains, “during 2015, there were 52,404 overdose deaths in the United States, including 33,091 (63.1%) that involved an opioid. That’s an average of 91 opioid overdose deaths each day.”

Just last week, I spoke to one expert witness who experienced an opioid-related death in his family.  The same day, hours apart, another expert began promoting his pain management and addiction medicine services on our site. This epidemic is impacting millions of families throughout our country. As a result of this epidemic, and much of the overdoses stemming from prescription medication, we are beginning to see significant litigation in the area of opioid-based pharmaceuticals.

Our Opioid Litigation Experiences:

Experts.com has processed more than a handful of expert witness referrals related to opioids. The cases have ranged from prescription abuse in family law settings to overdose issues resulting in wrongful death actions. Probably the most interesting opioid-related matter was as follows: general counsel for a mining company in a small town discovered the townspeople were using methadone at a rate approximately 5 times higher than the national average. Many citizens of the town were also employees of the mining company. They grew concerned about the potential liabilities of employees operating heavy equipment while ingesting powerful pain killers. The company decided to do some testing which triggered some privacy concerns and potential litigation. We have delivered toxicologists, addiction medicine specialists, and pain management professionals in dozens of different opioid-related cases.

Recent Litigation:

In the last few years, we have seen stories of both civil and criminal litigation related to the opioid epidemic, even before it was claimed to be a crisis. Here are a few of the cases you may want to follow:

Civil Litigation:

There have been many lawsuits against Purdue Pharma (maker of OxyContin) since the early 2000’s. As one article explains, more and more state and local governments are launching lawsuits against the manufacturers and distributors of heavy-duty pain medications. The frequency of these lawsuits is almost weekly.  In addition to Purdue Pharma, Cardinal Health, Teva Pharmaceuticals, Janssen, and others are targeted.

In July of this year, one of the lawyers, Michael Moore, who targeted tobacco companies in the 1990’s, began urging state lawsuits against the drug makers. By August, an Oregon County sued pharmaceutical companies for $250 million for allegedly persuading physicians to over prescribe opioids. As of September, Attorneys General in 37 states were urging insurance companies to do more to curb the opioid epidemic.

What can we deduce from the high-profile coverage of civil suits against the makers of pain killers? In my assessment, the worst is yet to come for the drug makers. This does not mean the drug makers are defenseless against the lawsuits. After all, there are others in the supply chain to be blamed: doctors, pharmacies, and the patients themselves. Over the long-term, the pain medication lawsuits are likely to be very costly for manufacturers and distributors.

Criminal Litigation:

For the sake of brevity, I’m going to ask you to assume that there is significant drug related crime and we’re going to skip the standard (possession and distribution) opioid cases. Where I have noticed a substantial increase, both in the news and in requests for expert witnesses, is in criminal prosecutions of prescribing physicians and pharmacists.

As CNN described, “doctors are increasingly being held accountable — some even facing murder charges — when their patients overdose on opioid painkillers they prescribed.” The article further explains that the DEA took action against 88 doctors in 2011 and 479 doctors in 2016. One of the doctors described has been convicted of murder. I see at least one new story a week where a doctor, or pharmacist, is being held responsible for the excessive amounts of pain killers prescribed.

The numbers described in the article above, combined with a more aware public, lead me to believe we’ll see even larger numbers of DEA actions against doctors when the 2017 statistics are available.

Other Legal Issues:

As you can tell, I focused on the two areas that I’ve noticed the largest increase in visible litigation. We have processed many other expert witness referrals associated with opioid issues. Many overdose cases are resulting in medical malpractice actions as well as actions brought by medical boards for ethical violations by doctors.  We often see the requests for expert witnesses relating to emergency medicine physicians, toxicologists, pharmacy and pharmacology experts, and more.

Opioid litigation may very well be the “tobacco” litigation of our time.  As such, we are confident that we’ll have more to write about and discuss in the future.

AccountingComputer ForensicsExpert WitnessExpert Witness TestimonyForensic Accounting

Paul Manafort Indicted: What expert witnesses can we expect to see from defense and prosecution?

Robert Mueller’s investigation into Russian interference in the US Presidential Election has resulted in the indictment of Paul Manafort and one of his business associates, Rick Gates. It has been reported that a third individual, George Papadopolous, has pleaded guilty for making false statements to the FBI.

None of this is particularly surprising. On Friday we learned the first indictments would be handed down as early as today, and that is exactly what happened. As of this writing, Paul Manafort has turned himself into the FBI’s Washington Field Office.

ABC News reported the list of charges against Mr. Manafort and Mr. Gates. The 12 counts include: “conspiracy against the United States, conspiracy to launder money, serving as an unregistered agent of a foreign principal, false and misleading Foreign Agents Registration Act statements, false statements, and seven counts of failure to file reports of foreign bank and financial accounts.”

We are not writing to take any political side and it should be noted that an indictment does not mean the defendants are guilty of the charges. In fact, they are innocent until proven guilty. Rather, we wanted to discuss the expertise which may come into play in this matter.

What types of expert witnesses can you expect to see?

Forensic Accountants:

Based on the counts enumerated above, it appears the FBI has followed the money. As such, we expect the forthcoming prosecution will hinge on financial transactions and accounting related issues. As stated above, Manafort and Gates were charged with seven counts of failure to file reports of foreign bank and financial accounts in addition to conspiracy to launder money. If money is flowing in and out of multiple bank accounts forensic accountants are going to be needed to analyze the transactions and explain those transactions to the trier of fact.

Money Laundering / Anti-Money Laundering Experts:

Are you surprised to hear this type of expertise exists? Money laundering experts may have a background in forensic accounting, financial fraud, banking, and banking compliance. Again, there was a charge of failure to file reports of foreign bank and financial accounts. Failure to report these accounts might be a compliance issue. The prosecution could argue such a failure was purposeful and intended to evade reporting. Whereas, the defense may contend failure to report was accidental or negligent. We expect to see both sides presenting expert evidence on financial transactions and reporting.

Computer/ Digital Forensics:

Nothing in the counts of the indictment specify a digital forensics expert will be necessary. We are assuming that many of the financial transactions were done electronically and therefore attributing the transactions to the defendants may require electronic discovery and other digital forensic investigation / analysis.

This list should not be viewed as exhaustive. Looking at the counts in the indictment, it appears the upcoming case will be heavily litigated on financial matters. Going forward, we will look for news items related to forensic accounting and inform our readers as we know more.

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Social Media Marketing World 2016 – Lessons Learned for Expert Witnesses

SMMW16Held at the San Diego, California Convention Center on April 17, 18 and 19, 2016, the Social Media Marketing World 2016 (SMMW16) was well-received with over 3,000 participants from around the world. Networking was the name of the game, with recognized brands from Airbus, Allergan, and Amazon to Verizon, Walmart, and World Vision. Platform representatives from Facebook, Google, LinkedIn, Twitter, and many others were front and center imparting valuable social media marketing tactics.

There were a couple of major takeaways from this year’s event. Several things you need to know in order to better promote your expert witness services:

  • You Need To Be On Social Media:

If you are not yet active on social media you are losing precious brand awareness, engagement, and community building opportunities. At a time when consumers and clients are more informed than ever before, you need to have a social presence so your customers can “know, like, and trust you.” Attorneys cannot get to know the real, authentic version of you if you are absent from these platforms.

It is not necessary to be present on every available social media platform. Having a strategy is important. If you are looking to target attorneys, it is important to know how to find them and how to get their attention. We have services to assist you in building your presence on the correct social platforms.The priority is building relationships within your community. If you are regularly creating content and posting it to social media platforms without a community, you may find your content is not being read, watched, shared, or cared about. If you build those relationships and others care about you individually, they will share your content. It was great to see several of those in our live-streaming community in attendance at the #SMMW16, including:

  • Build An Online Community

A community on social media is not terribly different than an offline community. There are leaders, managers, and community members. Usually there is an interconnecting of these individuals for some shared purpose (or shared interest). For example, Experts.com is active in the live video / live-streaming community. There are many active Members in this community and the one thing we all have in common is we participate in creating live video. Although our businesses may be different, we still support others in the live streaming community by sharing their content.

Mitch-and-Jeff

Mitch Jackson, Esq. and Jeff Weinstein, Esq.

The priority is building relationships within your community. If you are regularly creating content and posting it to social media platforms without a community, you may find your content is not being read, watched, shared, or cared about. If you build those relationships and others care about you individually, they will share your content.

Nick and Jeff Weinstein

Ivan Raiklin, Esq. and Nick Rishwain

It was great to see several of those in our live-streaming community in attendance at the #SMMW16. Just a few with whom we were able to spend significant time include:

  • Live Video is the Future of Marketing

Here are just a few facts that were shared by Mike Stelzner, CEO of the Social Media Examiner (host of the conference).

  • 73% of marketers use video in 2016
  • Only 14% of marketers are using Live Video
  • In May of 2015, there were 2 billion videos viewed daily
  • In February of 2016, there were 8 billion videos viewed daily

The following platforms have bet big on live video (a.k.a. live streaming, social video): Facebook, Twitter, YouTube, Snapchat, Blab. Each of these companies has a major live-stream component or is entirely live video as a product/tool. Facebook now gives priority to video content in its news feed. Other content will fall below live video in your news feed.

Live video allows you to increase the” know, like, and trust” factor better than anything else, according to social selling strategist, Kim Garst.

Our friend, Mitch Jackson, Esq., has said he wants to “see and hear the expert” before hiring him or her as an expert witness. Seeing and hearing an expert witness provides endless value to attorneys as they get an idea of how you sound and perform. Live video allows you to do this authentically.

As live video is the future of marketing, we highly recommend getting comfortable with live streaming sooner rather than later. Join Us to become a pioneer in the live video community. Improve your visibility, professionalism, and authenticity with live video marketing. If you do not know how to begin, reach out to us at info@experts.com.

Nick Rishwain, JD.
Vice President of Client Relations, Experts.com.

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Suzanna Ryan – Forensic DNA Expert Interview

In this one hour interview offered by Experts.com and moderated by Nick Rishwain, Forensic DNA Expert, Suzanna Ryan, expounds upon her experience and expertise.  Through targeted questions and answers, viewers get a better understanding of what services a Forensic DNA Expert Witness can offer to attorneys. Ms. Ryan also explains the circumstances under which she is retained as a consultant, unrelated to litigation.

Suzanna Ryan, MS, D-ABC, is a former forensic DNA analyst and forensic DNA Technical leader with 15 years of experience in the field of Forensic Serology and DNA Analysis. She has had the opportunity to work for both public and private DNA laboratories and has testified numerous time for both the prosecution and the defense.

Ms. Ryan has been accepted as an expert witness in forensic serology and DNA analysis over 60 times in her career in state superior courts, state supreme court, federal court, and military court, and has been deposed as an expert witness in both criminal and civil trials over 20 times.

View Suzanna Ryan’s Profiles on Experts.com

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Expert Witnesses Embrace Digital Media Platforms – Interview with Attorney Mitch Jackson

On October 14, 2015, Experts.com interviewed Expert Witness and 2013 California Lawyer of the Year, Mitch Jackson, on the benefits of Expert Witnesses embracing digital media to promote their services. To watch the interview, click the link below.

Mitch Jackson was admitted to the California Bar in 1986 and immediately opened up his own practice representing victims of personal injury and wrongful death. In 2009, Mr. Jackson was named Orange County “Trial Lawyer of the Year,” by the Orange County Trial Lawyers Association. In 2013, he received the California Lawyer Attorneys of the Year (CLAY) Award for litigation. According to California Lawyer Magazine, the CLAY Award recognizes attorneys who have changed the law, substantially influenced public policy or the profession, or achieved a remarkable victory for a client or for the public and have made a profound impact on the law. Mr. Jackson is also an expert witness in legal malpractice matters.

Mr. Jackson is an active social media influencer with a strong presence on Twitter, Facebook, Periscope, Blab, Instagram, among others. In addition to his legal practice, Mitch Jackson maintains several websites promoting: livestreaming, communication, Rotary service, and, most importantly, “Being Human.” To learn more about Mitch Jackson, his practice, and his social influence, visit the following sites:

http://jacksonandwilson.com/
http://streaminglawyer.com
http://human.social/

Experts.com was established to allow professionals a platform to showcase their areas of Expertise. Since 1994, we have been providing millions of users worldwide with access to specialized knowledge. We believe our members should have control over monetizing their specialized knowledge and expertise. In this day in age of high technology, there is no need for a broker or middle man to mark up fees or market your expertise. Put your best foot forward with Experts.com.

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ADA Compliance: Bus & Motorcoach Liability

A recent article by Member, Ned Einstein, President of Transportation Alternatives, a passenger transportation and automotive consortium engaged in consulting and forensic accident investigation, touches upon the safety and liability of buses and motorcoaches transporting passengers in wheelchairs. Mr. Einstein effectively communicates the legalities involved with wheelchair securement and ADA compliance. Click the link to read the full article:

Ned Einsten“Buses and Motorcoaches: Safety v. Liability” 

Ned Einstein has been qualified as an Expert Witness in accident analysis, testimony, and mediation in vehicle and pedestrian accidents involving transit, paratransit, schoolbus, motorcoach, special education, non-emergency medical transport, taxi, shuttle, and child / elderly transport systems and services.

View Ned Einstein’s Profiles on Experts.com.