CURRICULUM VITAE: TO PUBLISH OR NOT TO PUBLISH

Experts.com Curriculum Vitae PhotoIn the Expert Witness and Consultant industry, the Curriculum Vitae is an essential marketing tool that not only highlights the achievements of an Expert or a Consultant, but can do so in the best possible light. Far more comprehensive than a resume, it usually includes terms of employment, academic credentials, publications, and other significant achievements.

There is an ongoing debate as to whether CVs should be posted for public viewing or whether they should be available only on request. There are two schools of thought on the issue:

  1. Promote, Promote, Promote:  The idea is that the more visible and accessible your qualifications are, the more likely you are to be retained. If an attorney is looking for an Expert Witness and comes across his CV, he may make immediate contact or download it and put it in his files for future use.  The point is that the Expert’s experience is being marketed to those in need of his services.  However, where there is a benefit, there is usually a detriment. In this case, the downside to easy accessibility can be fraudulent use without consent. *
  2. Keep It Close To The Vest:  Like a straight flush, some Experts and Consultants prefer not to “show their cards” until they have had a chance to speak to their prospective client. The idea that more experience can be conveyed in a conversation than from the one-sided viewing of a CV does have merit.  However, it is also possible that, in the interest of time, those searching for expertise prefer to know beforehand that the Expert possesses the necessary qualifications before making contact.

The decision of whether or not to publish a Curriculum Vitae is, of course, a personal one. Across 1,300 Expert Witness categories, you will find that most of our members prefer to publish their CVs . If you have pondered this issue yourself and have any thoughts to share, please take a moment to comment below.

*Please see Experts.com’s next blog post on Watermarking CVs.

Trademark Expert Witness key to Louboutin vs. YSL Red Sole Shoe Case

The beginning of last month, the U.S. Court of Appeals in Manhattan ruled that designer and shoemaker Christian Louboutin Sarl’s Red Shoe Sole is entitled to limited trademark protection. The safeguard extends only to the red lacquered outer sole that contrasts with the color of the rest of the shoe and not to shoes that are monochromatically red.
Trademark Expert and Experts.com Member, Gabriele Goldaper, testified in the case that Louboutin’s Red Sole Mark is “prominent, famous, and there is no competitive need for YSL or any other competitor to make use of the Red Sole Mark on their shoes…” She also testified that, “…its use merely permits YSL to trade upon the reputation and goodwill that Louboutin has built in that mark over two decades.” See Declaration filed in support of Preliminary Injunction.
Considering all of the evidence and expert testimony, the court held that “…the lacquered red outsole, as applied to a shoe with an ‘upper’ of a different color, has ‘come to identify and distinguish’ the Louboutin brand and is therefore a distinctive symbol that qualifies for trademark protection.” Although the case is returning to the lower court for review by a trial court, for now, except if the whole shoe is red, Louboutin has the sole right to the red sole.
Read more about Experts.com Member Gabriele Goldaper.

MEDICAL MALPRACTICE CASES – AGAINST THE ODDS

Roughly eighty percent of the Medical Malpractice cases tried are found in favor of the Defendant.  Considering that the odds of winning such a case are so low, it is a wonder that so many medical malpractice attorneys are denigrated by the term “ambulance chaser.”   As these cases are so difficult to win, it is not without great caution that attorneys take them to trial.  Not many are willing to play those odds unless they truly believe their client was substantially and directly harmed by his or her doctor.

According to Dr. Thomas Berger, a Cardio-Thoracic Surgeon who offers his expertise to attorneys, there are only two questions that are necessary to determine the outcome of a case:

  1. Did the doctor deviate from the standard of care (SOC)? While the definition of SOC varies from state to state, it is generally held to be the minimally acceptable quality of care that would be provided in a similar situation by a doctor with similar credentials.
  2. Was that deviation from the standard of care a proximate cause of harm to the patient and, if so, how?

Dr. Berger goes on to say that medical negligence must be shown to a “reasonable degree of medical certainty (RDMC)” that those medical errors actually harmed the patient.

Although this seems like cut and dry criteria to establish negligence, it is apparent from the win/lose record that it is not so easy to determine. While it is not so difficult to find a deviation from the standard of care, whether or not it is the direct cause of harm is the main obstacle.  Did the patient have a pre-existing condition?  Did the patient have a heart attack while going in for some other surgery?  Even if a surgeon did deviate from the standard of care and, indeed, cause some damage, if it was not the “direct” cause of the damage the case cannot be won.

It has been said that certain medical organizations prefer to keep the odds as they are – that Medical Malpractice attorneys and those that support them in litigation play David to these organizations’ Goliath.  Considering what they are up against, it would only be logical to take these attorneys out from under the ugly umbrella of “ambulance chaser.”

Read Dr. Thomas J. Berger’s Article Entitled, “Your Med-Mal Expert – An Advocate for the Truth.”

CRISIS MANAGEMENT EXPERT WITNESSES & CONSULTANTS

In the wake of 9/11, Hurricane Katrina and other national crises like the Virginia Tech and Columbine shootings, it is imperative that we have a cache of individuals and companies at hand to respond to and manage such devastating events. Even more important is that these Experts and Consultants are available to prepare and train prior to any emergency.
Disaster Planning and Threat Analysis are not only critical to the safety of our nation’s institutions but anywhere that crowds tend to gather, such as Times Square in New York City or Union Square in San Francisco. Crisis Management Experts and Consultants use their experience and expertise to assess vulnerabilities and train for potential disasters at our schools, universities, high-risk workplace environments and hospitals. Keeping us safe is their number one priority.
Their areas of expertise can range from Disaster Planning, Hostage Negotiation, Suicide Attempts and Employment Screenings to Epidemiology, Food-Borne Vulnerabilities, Business Continuity and Terrorism. As with all those who protect the citizens of this country, Crisis Management Experts must be acknowledged for their contributions. It is with gratitude that we feature them here today.

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