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No Damages Expert … No Relief?

Is expert evidence required to prove a reasonable royalty damages award? A New Jersey federal court delivered a cautionary ruling for the patent infringement practitioner, perhaps underscoring the following: Although expert…more

| Insurance

Consulting Experts – The Danger of Discovery

When, if ever, is initial expert consulting work performed by assistants to a testifying expert in danger of being subject to discovery by an opposing party? Wait – you say – the Federal Rules of Civil Procedure protect…more

| Civil Procedure, Intellectual Property

Once Again, SCOTUS Skirts Expert Issue for Class Actions

OK, this time we thought for sure the Supreme Court would give us a decisive ruling on the extent to which a trial court must vet an expert witness under the Daubert standard prior to certification of a class action…more

| Civil Procedure

Supreme Court Gives Go-Ahead to Securities-Fraud Plaintiffs

In a sharply divided opinion issued February 27th, the U.S. Supreme Court did something a little unusual as of late – it gave the green light to plaintiffs seeking class certification in a securities-fraud class action. In its…more

| Finance & Banking, Securities Law

PTAB Poised as Major Patent Player? Or Prove Too Risky…

Will the USPTO’s Patent and Trial Appeal Board (PTAB) become a major patent reform player, improving administrative efficiencies, streamlining the patent process, and creating cost effective litigation alternatives as it was…more

| Intellectual Property

Do Expert Witness Fees Impact Access? High Court Considers

We all know the cost of retaining an expert can be pricey. But does the price tag affect vindication of individual rights under a federal statue and impact court access? Should the cost of expert witness fees play a role in…more

| Business Organizations, Conflict of Laws, Finance & Banking, Law Firm...

Attorneys’ Fee Request Not the Time to Challenge Expert

You would expect a challenge to an expert witness to be made before trial, before the expert has the opportunity to testify. In an unusual case out of a federal court in Florida, however, the challenge came after the jury had…more

| Civil Procedure

Expert Witness Exclusion – Lay Witness to the Rescue

Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast. While many have concluded that prevailing on a…more

| Civil Procedure

A Scientific Weapon for the Courtroom?

Think the eyes are windows to the soul? If so, you may want to reconsider that notion, as a recently released scientific study challenges commonly held beliefs and intuition regarding the importance of facial expression in…more

| Health, Law Firm Marketing, Science, Computers, & Technology

California Takes a Giant Step Towards Daubert

There was a major ground shift in California recently – and we’re talking not about an earthquake, but about the law governing the admission of expert testimony. In a unanimous opinion published Nov. 26, the California…more

| Business Organizations

No Daubert Hearing Equals $10 Million Error in 9th Circuit

No Daubert Hearing Equals $10 Million Error in 9th Circuit The U.S. Supreme Court isn’t the only judicial panel to wrestle with difficult Daubert questions lately. While the Supreme Court ponders the potential fate of…more

| Civil Rights, Intellectual Property, Law Firm Marketing

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