A recent decision by the U.S District Court Eastern District of Wisconsin to exclude testimony from expert witnesses in a class-action suit represents an important point that legal counsel may forget when engaging damages experts and forensic accountants: do not rely blindly on the qualifications, work product or assumptions of knowledge specialists with whom they […]
The Florida Supreme Court issued a per curiam opinion on May 23, 2019, reversing its decision seven months earlier in Delisle v. Crane, (Case No. SC16-2182) concerning Florida Statute Section 90.702 and the admissibility of expert witness testimony in the state. The court made a complete about face, rejecting the less rigorous Frye standard established […]
Posted on December 05, 2018
by
Richard Fechter
In a crucial 4-3 decision, the Florida Supreme Court in Delisle v. Crane, Case (No. SC16-2182) (Oct 15. 2018), clarified the law governing the admissibility of expert witness testimony in Florida, moving away from the strict Daubert standard used in federal courts to the less rigorous Frye standard. Previously, Florida trial courts that were unsure […]
Entertaining clients, referral sources and employees with tickets to sporting events, country club outings, fishing trips or other forms of business promotion are common business practices. No matter how significant these costs, businesses have had the reassurance that the IRS would permit them to deduct all or a portion of these meals and entertainment (M&E) […]
Attorneys involved in economic damages cases understand that they have an obligation to prove lost profits with “reasonable certainty” based on their use of “best evidence.” However, the courts have not agreed on one universally accepted standard or criteria for what specifically constitutes best evidence; such decisions inevitably rely on the facts and circumstances of […]
This article originally appeared in Daily Business Review. Attorneys involved in forensic investigations are well-versed in the finer points of gathering information and conducting interviews that can uncover the truth from the most reluctant and guarded sources. Careful preparation and planning goes a long way toward building trust and rapport with interviewees, recognizing their verbal […]
The ability to collect, recover and preserve digital data stored on individuals’ personal computers and networks is not new. In fact, according to the FBI, the history of computer forensics and its use in the investigation and substantiation of evidence in legal cases can be traced as far back as the 1980s. As technology has […]
Posted on December 16, 2015
by
Richard Pollack
In December, the Florida Bar challenged the 2013 legislative adoption of the Daubert standard governing the admissibility of expert testimony in cases involving lost damages. In a vote of 33-9, the Florida Bar board of governors rejected the strict Daubert standard used by Federal courts and 27 states in favor of the Frye standard of expert testimony that was […]
