Tag: experts

ConsultantsExpert WitnessMarketing

Press Release – The Benefits of Distribution

Press Releases are an excellent way to promote Expert Witness and Consulting Services. Aside from publishing press releases to a variety of print, broadcast, and online media, they can also be sent to current and prospective clients. The benefits of issuing a press release are many:

  • Perception Is Key – The idea that an Expert’s services are deserving of media coverage plants the seed that he is successful. In other words, if the New York Times  is taking space to publish a press release announcing an Expert’s or Consultant’s new book , then he must be worthy of consideration for an engagement. A press release, in essence, is mass confirmation of your achievements.
  • Third Party Endorsements – A press release issued on an Expert’s or a Consultant’s behalf by a third party is much more effective than one issued on their own behalf. Most Experts and Consultants are uncomfortable touting their own successes. By letting a third party advocate on their behalf, it takes the negative effect of self-promotion out of the equation.
  • Opportunity to Inform – A Press Release is issued mainly for a specific reason, whether for the publication of a new book, a business milestone, or a litigation success. It does not, however, have to be limited to that success. If written properly, press releases can include a short biography on the Expert or Consultant, communicating their areas of expertise and offering website links for more information on their services.
  • Maintain a Presence –  “Out of sight, out of mind.” It is important for professionals to let their current and prospective clients know that they are consistently relevant in their field of expertise. By issuing a press release, they keep their clients informed of their achievements and remain fresh in their minds for future jobs.

For more information on how Experts.com can help market your services and promote your achievements through a Press Release, please contact us at press@experts.com.

ConsultantsExpert WitnessLitigationMarketingTestimony

Watermarking Your Curriculum Vitae

As disconcerting as it may be, unscrupulous activity does exist in the legal industry. As a leader in the Expert Witness and Consultant field, Experts.com believes in not only promoting our members’ services, but in protecting them as well. As such, we encourage our Experts and Consultants to Watermark their Curriculum Vitae.Watermark CV

Marking the CV with such statements as “UNOFFICIAL,”  “NOT YET RETAINED,”  “DO NOT SUBMIT,” or “UNAUTHORIZED,”  prevents unconscionable practitioners  from downloading  a CV and submitting it as their “Retained” expert witness, or implying such, without the knowledge and consent of the expert.  The watermark makes it clear to other parties what the status of the relationship is between the attorney and the expert.

The benefit of watermarking a CV is twofold. One, it allows an Expert to promote his services and qualifications and still feel secure that they will not be presented without his express consent and, two, it allows the Expert an opportunity to offer the most current version of his CV. Since the attorney must contact the Expert for an “Un-Watermarked” version, the Expert can then update the CV and bring to the attorney’s attention any new work experience or litigation successes.

For more information, or to become an Experts.com Expert Witness or Consultant, please contact us at support@experts.com.

Uncategorized

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.

Psychology

Mistrial Due to Expert Witness Testimony

A Stamford, CT judge declared a mistrial yesterday in the sexual assault case of a minor by police officer, Anthony Santo. Attorney for Santo, Gary Mastronardi, filed a motion for a mistrial after testimony offered by Child Guidance Center ‘s Dr. Larry Rosenberg, was so prejudicial to Santo that, “even striking his testimony would not keep the jurors from considering it in their deliberations.”
Interestingly enough, in a case argued by Mastronardi earlier this year, Connecticut’s Supreme Court upheld an appellate court reversal of the conviction of a Fairfield man on felony risk of injury charges. The Supreme Court agreed that the trial court abused its discretion by allowing an Expert Witness to indirectly testify about the truthfulness of a complaint’s allegations.
In this case, Dr. Rosenberg, a Psychologist, testified that 93 percent to 95 percent of the children who alleged sexual abuse are being truthful. The other five to seven percent were found to be coached by a parent. As there was no divorce or custody dispute in this case,  the inference was too strong that the girl was a victim of sexual abuse. “He went too far,” said Mastronardi. “He improperly and inappropriately commented on the credibility of the witness….” Comerford admitted that an error had been made in allowing Rosenberg’s testimony on the percentages of truthful minor sex-abuse victims. As a result, substantial damage was done to the defendant’s case. “Essentially what he was saying was the woman was telling the truth,” Comerford said. Based on the Supreme Court’s earlier decision regarding the truthfulness of a complaint’s allegations, Comerford granted Mastronardi’s motion.

ConsultantsExpert WitnessInsurance

Insurance Expert Witness on Litigation and Selection of Experts

Andrew J. Barile, CPCU, CEO, of Andrew Barile Consulting Corporation, Inc., has over 40 years of experience in the Property Casualty Insurance and Reinsurance Industry. He is the co-founder of the first publicly held Bermuda reinsurer and is on the board of both domestic and offshore insurance companies. Mr. Barile has an MBA from Stern’s (NYU) business school, and has won the AngloAmerican Fellowship to study at Lloyd’s of London, with his thesis on the captive insurance company.

In a recent article, he writes,

“The versatile Insurance Industry Expert is being selected by insurance industry litigation law firms throughout the country. Since many cases involve millions of dollars of litigation exposure, it is important to have an experienced insurance industry expert who brings the element of persuasion and accuracy into the mix.

Insurance experts that have been retail insurance brokers, wholesale insurance brokers, excess and surplus lines insurance brokers, managing general agents, reinsurance intermediaries are very helpful in winning cases because they possess practical industry experience…”

Read More

AdvertisingConsultantsExpert WitnessMarketing

THE BUSINESS OF LAW

Attorneys can be so overwhelmed with the practice of law that they lack time for the practice of business. Between consultations, research, writing, court time, hour-logging, etc., there is little or no time to number-crunch for the highest profit. Many large firms have in-house accountants to mind the books but, even then, the traditional practice of law can hinder a firm’s profitability. The perfect example exists in the Expert Witness arena. The legal industry has a tendency toward the old adage, “If it ain’t broke, don’t fix it.” This is all well and good if, indeed, “it ain’t broke,” but the Expert Witness industry has changed drastically over the last 15 years.

Prior to the computer age, when information was hard to come by, the best way to procure an Expert was through a Broker. Broker’s compiled lists of Expert Witnesses and Curriculum Vitae otherwise unknown to attorneys. The Brokers would then, and still do, charge attorneys a fee to retain those Experts. The cost is usually a 30%-60% mark-up over the Experts’ hourly rates. Though some Brokers offer a brief vetting of Experts, it is not worth the severe mark-up and attorneys are still required to do their own due diligence.

Expert Witnesses No BrokerToday, with information readily available on the internet, there is no need for a Broker’s services. Established and well-respected website Directories have made public and free what was once private and costly. The very same Expert Witnesses are marketing their services with these online Directories and negotiating their own terms with no middle-man. According to Expert Witnesses, the most common dissatisfaction with Broker referral services is their ineffective means of collecting from their law firm clients. With the Experts in control, getting paid is getting easier.

The Expert Witnesses have it figured out. Why attorneys would pay exorbitant amounts for what they could get free of charge is baffling. It’s time for law firms to focus on the bottom line, fix what’s broken, and save thousands of dollars annually. Nothing else makes good business sense.

Accident Investigation & ReconstructionChemicalEngineeringMaterials

Materials Engineering Expert Witnesses & Consultants

In the last century, advances in Materials Science have elevated almost every aspect of our lives. Consider some of the new and functional materials that make living so much safer and easier: chemicals, polymers, ceramics and alloys for use in medicine and medical implants, carbon fiber reinforced plastics for varied uses including to make stronger, lighter sports equipment, and metals and coatings for sturdier and safer construction. New Material Analysis and Engineering are responsible for novel technologies in many different fields encompassing civil, chemical, construction, nuclear, aeronautical, agricultural, mechanical, biomedical and electrical engineering. 

Materials Engineering Expert Witnesses and Consultants may be called upon for several purposes.  Their expertise includes Accident Reconstruction, Failure Analyses, Product Design, Product Development, Product Delivery, and Material Handling System to name a few.

Read Articles by Experts.com Materials Engineering Experts:

A Lawyer’s Guide to Hiring a Forensic Industrial Engineer
By: Gerald J. Hietpas, PR
Causey Engineering, LLC

Memos Of Invention – Attorneys and Corporate Inventors
By: Dr. Edward Funk, Ph.D.
EWF Consulting

Analysis Of An Impact Fractured, Welded Steeting Arm Spindle Assembly
By: Metallurgical Technologies, Inc.

ConsultantsExpert WitnessLitigationSearch Engine OptimizationSEO

Experts.com Launches New Website Platform


Experts.com is proud to announce the launch of its new website platform, with a sophisticated and modern new look and functionality. The changes are specifically intended to increase usability and brand awareness for the benefit of Experts.com Members.

The new website allows Members to market their expertise across multiple platforms, e.g., Expert Witness, Expert Consultant, Expert Answers, Expert Services, Expert Forum and Expert Blog. Members can now customize their Profiles to targeted markets through photos, video testimonials, publications such as articles and books and any other pertinent pages, documents or links of interest. The new site launched August 4, 2011 with the first two platforms for Expert Witnesses and Expert Consultants.

An attorney himself, Experts.com’s President and CEO, Nabil E. Zumout, Esq., strongly believes that the Expert Witness and Expert Consultant search process must be Efficient, Effective and Economical, especially in this troubled economy. “Our Members are at the top of their respective fields. Their expertise may vary in complexity and their services are often equally diverse. The new platform allows each Member to tailor his or her Profile to the intended audience, highlighting the particular expertise or service of interest to that audience and without compromising his or her marketing message.”

On the administrative side, Mr. Zumout states that, “the new platform allows for the consolidated management and tracking of Profiles, Articles, Books, etc., that are linked to each Profile. Finally, upgrading the infrastructure to the latest .NET platform will allow us to add more features, including Member Profile Pages with Unique, SEO friendly URLs. Again, we are simply better facilitating the means of communication between our Experts and those seeking their services.”

Please visit Experts.com to view our new look and functionality! Email support@experts.com with any questions or comments.

ConsultantsExpert WitnessIntellectual PropertyLitigationPatent Infringement

PATENT INFRINGEMENT – CEASE AND DESIST!

Patent infringement litigation has been on the rise since the mid 1990s due mainly to the increase in computer-age technology.  Most patent infringement cases involve one company charging another company with selling or using its product for their own economic advantage.  Many times, the Defendant in a patent litigation case has no idea he is infringing on another’s intellectual property, but ignorance is never a defense in the law.  The Defendant will still have to cease benefiting from the patented item and pay the allotted damages to the Plaintiff.   If  the infringement is proven to be willful, damages in such a case can be increased up to three times the actual amount of damage.

Tetra Images / Getty Image

Patent law is governed by Federal Law and the rules are set out by the United States Patent and Trademark Office, 35 U.S.C. 271 Infringement of patent. – Patent Laws.  To find that a patent has indeed been infringed upon, several items must be found. In an article entitled, “Understanding Patent Infringement Legal Opinions”, David V. Radack sets out the following:

  1. A copy of the allegedly infringed patent.
  2. The file wrapper or file history of the patent which includes a copy of the patent application as filed, communication from the patent examiner in charge of the application, and communication from the applicant to the patent examiner.
  3. A copy of the prior art references cited during the prosecution of the patent application.
  4. The allegedly infringing product or device itself. Preferably, a commercially sold device is best.

Once this information is analyzed, many times with the help of Patent Infringement Expert Witnesses and Consultants, an opinion summary is provided.  It is this opinion which sets forth how the parties will proceed, how  the Defendant should respond to a cease and desist order, if changes can be made to Defendant’s product which will eliminate the violation, or to negate a charge of intentional infringement.

Considering the litigation gridlock currently in the Federal Court system, it may be worth it to seek the knowledge of  a Patent Expert or Consultant concurrent with the development of a new device or product. If not then, retaining a Consultant prior to marketing the product could save an enormous amount of time and money.

Please click the link for a list of knowledgeable Intellectual Property, Patent Infringement and Trademark Expert Witnesses and Consultants.

ConsultantsExpert WitnessLitigationMedicalPharmaceutical

PHARMACEUTICAL PRODUCT LIABILITY

With the onslaught of legal drugs on the market, pharmaceutical product liability cases have become mainstream in the court system.  It boggles the mind how many possible harmful side effects there are for one medication alone.  Just listen to any commercial for depression medicine – and you’d better listen carefully.  They have to speak quickly to get them all in.

If a pharmaceutical company lists all possible harmful effects, does that relieve them from liability?  Do a certain number of people have to die or have a stroke in order for the drug to be pulled from the market?  Conversely, did the patient do something to exacerbate the problem?  Take too much of the medicine?  Not enough?  Is the pharmacy liable for miscalculating the dosage?

This is when Pharmaceutical, Pharmacology and Toxicology Experts and Consultants come into play.  The variables are so complex and many that a case cannot be thoroughly adjudicated without the scientific and practical experience that these particular Experts hold.  They use their skills to review medical and pharmacy records, evaluate drug delivery standards of care, toxicity, adverse drug events and even FDA regulations.  These Experts and Consultants are retained to determine the period of time a drug was used and a patient’s average compliance or adherence to taking a drug, among so many other things.

The bottom line is that Pharmaceutical, Pharmacology and Toxicology Experts and Consultants are essential to resolving complex medical issues involving pharmaceuticals and drugs.  That they play a major role in helping to regulate the industry, compensate the injured and defend the innocent cannot be denied.