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Editor's note: In this edition, we offer the second of a two-part article on the challenge of financial experts as witnesses in cases in which e-discovery is relevant. In Part 1, which appeared in the February edition of e-Discovery Law & Strategy, our expert author from PricewaterhouseCoopers provided an overview of how a financial expert can help counsel in e-discovery and litigation strategy. In this month's article, Michael LoGiudice examines instances of financial experts being challenged and excluded from cases ' and how to avoid exclusion. We reprint the first two sections of February's article for background and continuity. Click here to see the February article.
The well-known Daubert case was decided in 1993. Kumho Tire was decided in 1999. Challenges to financial experts under the rules outlined by Daubert and Kumho Tire are increasing.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.