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Expert Witness Deposition: Higher Hourly Rate

Steven Babitsky, Esq. The U.S. District Court Montana, dealt with an election campaign expert who charged a modest $150 per hour and $200 per hour for deposition time. Surprisingly, plaintiff counsel challenged the fee request for the extra $50 per hour for deposition time. The court found that it was reasonable to charge a higher… read more

Life Care Planner: Daubert Challenge

Steven Babitsky, Esq. The U.W. District Court D. Colorado dealt with a life care planner, Dahlberg, who relied on a prosthetist for the lifetime cost of a C-leg prosthesis. The purchase price for the prosthesis was $81,654. A Daubert challenge was filed based on the life care planner’s reliance on the prosthetist (Pickering). The court… read more

Patent Damages Apportionment Expert Witness: An Example of How to Apportion Damages in a Multi-Component Product Case

By Eric Cole, Ph.D. Introduction In patent cases, the damages expert witness must undertake apportionment of damages when the technology does not make up the whole of the accused product.[1] When products have multiple components and some components are patented while some are not, apportionment is required.[2] The patent expert witness will be tasked with… read more

Negotiating Skills for Physicians

Steven Babitsky, Esq. One of the most important business skills that physicians will want to develop is their negotiating skills. Successful physician negotiators effectively gather and use information and time deadlines when negotiating. Here are 15 of these strategies and techniques: Information Summary We want to determine the authority level of the person you are… read more

12 Red-Flag Words for Experts to Avoid

One of the most significant jobs of expert witnesses is report writing. Experts commonly use “red flag” words which can create problems for the expert at deposition and/or trial. Here are 12 red-flag words which expert witnesses should try to avoid. “Authoritative” to describe a text. This term has special legal significance that may allow… read more

Physicians Seeking New Revenue Sources

Steven Babitsky, Esq. An increasing number of physicians are looking for additional sources of income to supplement their clinical income. We at SEAK are seeing a sharp increase in the number of physicians who are looking to diversify their income stream. With the loss of income due to Covid-19 and the reductions in Medicare and… read more

Voice biometrics expert witness: signal processing enables new forms of identity verification

By Dr. Chris Daft Defining voice biometrics Biometrics – automated recognition of a person based on a physiological or behavioral characteristic – continues to increase in importance. Smart cards, magnetic stripe cards, photo ID cards, and physical keys can be lost, stolen, duplicated, or left at home. But if well implemented, biometric identification can provide… read more

Remote Source Code Expert Witness: Options for Attorneys

By Dr. Chris Daft Introduction Often critical issues in technology litigation hinge on review of source code. In many cases, most of the value in highly litigated products lies in their software. Determining whether a product infringes a patent, or if a trade secret has been misappropriated, is increasingly a question of examining software. A… read more

How to Improve Your IME Reports

Steven Babitsky, Esq. Introduction For physicians performing IMEs, their report is their work product. Physicians who write high quality IME reports are successful and attract higher fees and more work. Let’s look at some common language used by IME physicians and how more precise artful language can improve these reports.  For each example, the reader… read more

Disability Expert: Claims Expected to Rise Due to Covid-19

Steven Babitsky, Esq. I recently interviewed a long-term disability insider on the likely impact of Covid-19 on future claims. Here are the conclusions that the expert expressed: Long-term disability claims (claims) will increase significantly due to Covid-19. People who are at high-risk due to underlying conditions including chronic lung conditions, heart problems, cancer, diabetes, etc…. read more

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