Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Part II: Being an Expert Is a Lonely Business
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast: Don't Just Say It – Show It
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Using Expert Witnesses in FCRA Cases - FCRA Focus
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast: Science in the Courtroom
Law School Toolbox Podcast Episode 328: Listen and Learn -- Expert vs. Lay Witness Testimony (Evidence)
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more
In the first part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Scott Duval, managing director at FTI Consulting, to discuss the vital role of trial...more
We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more
In March 2025, UN Women—a United Nations agency that studies and tracks issues of gender equality around the world—indicated that in 2024, “almost one quarter of countries reported … backlash on gender equality.” One proposed...more
In the second part of this special guest episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Together they delve...more
In this special guest episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small interviews Ian Ratner, CEO of GlassRatner and B. Riley Advisory Services. Mr. Ratner reflects on his three...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the role of expert witnesses in trials and how lawyers must effectively present expert testimony to the jury. Mr....more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more
U.S. Eleventh Circuit Court of Appeals - Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery...more
Before jurors can deliberate on a case after an expert witness testifies, the expert witness must first complete voir dire. French for “Speak the truth,” voir dire is a questioning process judges and lawyers utilize to...more
As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more
Is there anything you would like to say to my client right now?” asked the attorney roleplaying plaintiff’s counsel in a recent witness preparation session. The witness, a corporate representative for a trucking company whose...more
As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more
Federal Rules of Evidence 701 and 702 govern the admissibility of lay and expert opinion testimony, respectively, in federal courts. Rule 701(c) helps paint the line between the two, providing that an opinion “based on...more
Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...more
The recent decision in Glover and Another v. Fluid Structural Engineers & Technical Designers Ltd and Others should serve as a warning to practitioners to pay heed to the strict rules regarding expert evidence and, in...more
A recent decision by Senior District Judge Robert Payne on a Daubert motion in class action litigation against a pension fund offers some helpful lessons on challenging expert witnesses in the EDVA. Trauernicht v. Genworth...more
Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more
Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more
Expert testimony is the tool that enables litigators to elucidate concepts that require scientific, technical or specialized knowledge. However, a proponent cannot introduce expert testimony without demonstrating under F.R.E....more
In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more
On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more