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
By Gretchen Green, MD, MMS Introduction An alleged delayed diagnosis of lung cancer can result in a medical malpractice claim. In such claims, the issue of when a radiologist is under a duty to call the referring physician may come up. In such cases, a pulmonary nodules radiology expert witness may be utilized by counsel…. read more
Courts across the country are rapidly adopting new rules to facilitate the taking of depositions remotely. The United States District Court SD in New York extended deposition deadlines by 30 days and stated: ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference,… read more
The United States District Court, N.D. Illinois, Eastern Division imposed a new order for the taking of depositions of physicians during the COVID-19 pandemic. The case is a slip and fall case against Walmart. The court moved to protect medical providers in a sweeping order due to the fact that physicians are very busy… all… 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 short answer is YES – expert witness depositions are proceeding during social distancing via Zoom and video conference. Below are tips to excel at your expert witness deposition via video conference during the lockdown and likely after it finally ends. In the age of Covid-19, adaptability has become a common theme across all sectors…. read more
The United States District Court for the Eastern District of New York held that $400.00 per hour was a reasonable fee for an orthopedic surgeon expert witness.[1] The plaintiff in this personal injury case sought to admit the testimony of her orthopedic surgeon expert witness, Dr. Sebastian Lattuga.[2] Dr. Lattuga was testifying as both a… read more
