Expert Testimony, Litigation Strategies, Credibility

Witnesses, Remember Confidence is a Behavior

Holland & Hart - Your Trial Message on 7/23/2025

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Patent Owner Tip #5 for Surviving An Instituted IPR: The Right Expert Can Save Your Patent

Mintz - Intellectual Property Viewpoints on 5/7/2021

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony...more

Experts: Use Counterfactuals

Holland & Hart - Your Trial Message on 8/21/2020

As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus,...more

Rehabilitate Your Lying Witness

Holland & Hart - Your Trial Message on 2/28/2019

It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s...more

Experts: Be Experienced, Confident, and Visual

Holland & Hart - Your Trial Message on 8/16/2018

Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the...more

Admit it Experts, You Don’t Know Everything

Holland & Hart - Your Trial Message on 6/4/2018

Experts know things. That’s what makes them experts. That is why they’re allowed in court: to inform the jury’s or judge’s understanding. Once there, of course, they are picked apart by an adversary with the goal of making...more