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
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
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
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
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
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
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
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
What is Lender Liability? Lender liability is alleged to have occurred when a borrower or prospective borrower sues a lender for breach of contract, violation of state or federal statutes, or other wrongful behavior. A lender (bank or other financial institution) may incur liability when it has failed to act in good faith, taken a… read more
The Louisiana Court of Appeals dealt with the appeal of a personal injury suit in which a police officer, Hankton, was attacked and injured while guarding a prisoner at a hospital. One of the grounds for the appeal was the calculations performed by the defendant’s expert witness life care planner. On the issue of future… read more
