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Lost Profits Damages: Principles, Methods and Applications

November 9, 2017

Courtroom Insight would like to congratulate Everett Harry on the release of his new book Lost Profits Damages: Principles, Methods and Applications (Valuation Products and Services).  He and his co-editor, Jeffrey Kinrich, assembled an impressive group of authors from the accounting, economics, finance and legal disciplines to create a comprehensive guide to lost profits calculations.

Trial lawyer Patrick J. Richard of Nossaman LLP commented, “Lost Profits Damages is a must-read for any trial lawyer dealing with financial experts and damages.  Every chapter identifies areas of potential cross-examination and potential pitfalls for the practitioner.  The comparative analysis of business valuation and lost profits methodologies is particularly helpful, as is the framework for addressing costs in a lost profits analysis.  Well done!”

Everett P. Harry is the co-founder and President of Courtroom Insight.  For over 40 years, he has focused on accounting, financial, and disputes consulting involving government contracts, commercial litigation, and individual losses.

To order your copy of the book, please visit:

Courtroom Insight Announces Launch of Upgraded Website

October 10, 2017

Courtroom Insight is excited to announce the launch of our upgraded website.  The new site emphasizes our renewed focus on Expert Witness Analytics and Law Firm Knowledge Management.  

Current users will continue to enjoy our clean “look and feel” and benefit from significantly improved search capabilities. In his latest blog posting, Robert Ambrogi writes that our improved “platform will allow firms to build on Courtroom Insight’s extensive collection of expert profiles, reviews and information by adding their own proprietary information”. New users are encouraged to visit Courtroom Insight, to learn more about  how we can help your firm with our unique solution.

Don’t miss Robert Ambrogi’s coverage of our relaunch in his Law Sites Blog!

Expert Witness Research Survey

September 28, 2017

The expert witness continues to play a critical role in litigation and often directly impacts case outcomes.  However, there is no generally accepted practice regarding how individuals perform due diligence and locate difficult to find experts.

Three different expert witness research and analytics companies have partnered together to conduct a survey in order to explore and understand this important research area.  Courtroom Insight, The Daubert Tracker and Expert Witness Profiler would greatly appreciate your participation in a first of its kind expert witness research survey.  The survey only takes 5-8 minutes to complete and is available here: Expert Witness Research Survey

Your participation is critical to develop an understanding of significant procedures, sources and trends within the expert witness industry.  In addition, participants may enter a drawing to win one of three $100 Amazon gift cards.

We look forward to sharing the published survey results with you in the near future.

LexisNexis and Ravel Law will offer new level of analytics to legal community

June 16, 2017

On June 8th, LexisNexis announced the acquisition of Ravel Law, based in San Francisco.  Ravel Law provides research tools, legal analytics and data services allowing users to “contextualize and interpret large amounts of legal information to uncover valuable insights”, according to Bob Ambrogi, of Law Sites.

According to Ambrogi, “Ravel Law’s analytics offerings will continue to expand and be fully integrated into Lexis Litigation Profile Suite, delivering new insights around judicial behavior that complement the product’s current expert witness intelligence” after the merger.  He also notes “Ravel Law’s case law data visualization tool will be integrated into Lexis Advance, expanding the platform’s current visualization offerings.”

With its acquisitions of both Ravel Law and Lex Machina, LexisNexis is now at the forefront of the movement to integrate technology and artificial intelligence to assist the legal community in their research and library needs.

Courtroom Insight recognizes the value of integrated data and analytics to assist legal professionals make informed decisions.  Our partnerships with leading research organizations allow us to provide our clients with the most up to date information and research tools.  Additionally, we continue to enhance our technology as evidenced by this month’s release of automated OCR and real-time indexing for all documents uploaded to our platform.  In addition, we are working diligently on greatly enhanced search capabilities and powerful new expert witness analytics for our upcoming Fall software release.

For more details on this merger read the full article by Ambrogi.

Mississippi man convicted of first transgender hate crime

May 22, 2017

In the first conviction under the Matthew Shepard, James Byrd Jr. Hate Crimes Prevention Act, a Mississippi man was sentenced to 49 years in prison along with a $20,000 fine.

Joshua Vallum murdered Mercedes Williamson in May 2015 after discovering that Williamson was transgender. Williamson feared retribution from his gang, the Latin Kings after participating in a sexual relationship with Williamson, a transgender woman.

As published in The JURIST, Attorney General Jeff Sessions states, “Today’s sentencing reflects the importance of holding individuals accountable when they commit violent acts against transgender individuals.  The Justice Department will continue its efforts to vindicate the rights of those individuals who are affected by bias motivated crimes.”

Transgender rights have recently been in the headlines, mostly with respect to laws in various states, regarding bathroom rights.  North Carolina and former Governor Pat McCrory have been at the forefront of the transgender bathroom battle.  Read more about current legislation in North Carolina, in the full article.

Multi-State Bar Exam Scores Hit A New Low

April 13, 2017

In February 2017, the average score of the Multi-State Bar Exam (MBE) declined by another point.  “The exam is a six-hour, 200-question multiple-choice examination developed by NCBE and administered by user jurisdictions as part of the bar examination.    The MBE is only one of a number of measures that a board of bar examiners may use in determining competence to practice. Each jurisdiction determines its own policy with regard to the relative weight given to the MBE and other scores.”

The average scores in February, mark the lowest average scores seen since the test’s inception in 1972.  While many may think that this decline indicates a low point in history, others point to a shift in law school admissions as a potential source of optimism.  Erica Moeser, president of the National Conference of Bar Examiners, explains the lower MBE scores may reflect differences in law school admissions. Applications are declining, she notes, “without a consistent decline in terms of the number of students enrolled.”  Furthermore, there is still hope for the future.  Law schools admitting students with lower LSAT scores are “taking aggressive efforts to educate those students, and she believes that’s why multi-state bar exam scores are increasing in some states. Law schools are thinking about how people learn from the top to the bottom of the class, she said.”

If enrollment in law schools continues to decline, we may see more top law schools admitting students with weaker LSAT scores.  While these students likely constitute a better representation of the Unites States population, schools may be faced with some challenges when educating those in the bottom 25% of the class.  However, as Moeser notes, “As schools are really addressing how one educates a diverse population in law school, some very good things are happening.”

Learn more about the MBE.  Read the full article from the ABA Journal.

Flawed Testimony and Unreliable Results Render Kellyanne Conway’s Work Useless to Whole Foods

March 17, 2017

Kellyanne Conway began her career as a professional pollster in 1988, interning for Ronald Regan’s pollster, Dick Wirthlin.  Later in 1995, she founded her own company, The Polling Company/WomenTrend.  She is now known to most Americans as Counselor to President Donald Trump.

In 2007, Whole Foods was preparing for a lawsuit brought by the Federal Trade Commission (FTC) against them and their proposed purchase of the organic grocery store, Wild Oats. Whole Foods hired Conway to create a survey which would “support the testimony of David Scheffman, a former FTC official with experience testifying on behalf of companies in antitrust suits”.  Scheffman’s position was that consumers who frequented both Wild Oats and Whole Foods, also shopped at other grocery stores and those secondary stores “competed for the business of the crossover customers”.  Conway’s task was to come up with a survey that supported these theories.

However, once the survey, designed by Conway was brought before the DC District Court, it was thrown out and the court would not lend “any weight or consideration” to the survey because of its flawed methodology.  Specifically, the FTC’s expert, Kent Van Liere, stated in his testimony that his “overall opinion in this matter is that Ms. Conway’s survey methodology and procedures are fundamentally flawed and render her data and results unreliable”.  And, unfortunately for Conway and Whole Foods, the court agreed, excluding her testimony.

In her current position, Conway find herself in the media spotlight on a regular basis.  And based on the first few months as Counselor to President Trump, she has already brought her toes to the line, and in some cases, crossed it on several occasions.  If her job continues to put her in such positions, and she continues to play the part of master spin-doctor, she may very well find herself in front of a judge again soon.  Cases like this highlight the importance of studying Daubert challenge results prior to retaining and cross-examining your next expert witness.

Read the whole story from Yahoo Finance and check out Kellyanne Conway’s expert witness profile on Courtroom Insight.

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