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Expert Testimony on Industry Practice

Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.

13 minute read February 29, 2016 at 11:00 PM
By
Jodi Misher Peikin and Rachel Agress
Expert Testimony on Industry Practice

Late last year, the U.S. Court of Appeals for the Second Circuit, in United States v. Litvak

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