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Everyone's an Expert
All of us who are interested in criminal law have seen the 'Battle of the Experts' ad nauseum. The prosecution trots out an 'expert' with enough acronyms after his or her name to impress the entire courtroom, and a CV extraordinaire, and that person, under oath, states his and her opinion with great authority.Next comes the opposing side's 'expert,' with an equal amount of acronyms and an equally impressive CV, who states the exact opposite under oath. Who do you believe? Who is truly an expert?With that kind of question in mind, The Matrimonial Strategist this month is running a provocative, thought-provoking article entitled 'The Failure of Peer Review,' by David A. Martindale and Jonathan Gould. The authors state, 'We hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that we believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of [the peer review process].Although in this case the authors were aiming their warnings at matrimonial and family law attorneys, these same warnings apply throughout the area of law. Who really ARE your experts? Are they what they say they are? Do their CVs accurately reflect their careers in the field you are looking for? How do you know? Is there someone in your firm who has the time and the expertise to thoroughly search a potential expert's background, and to learn exactly how he or she performs in the courtroom?This is not meant in any way to demean a true 'expert' who has spent long years in his or her field of expertise. But it's easy to be fooled, and I wonder, as do the authors of the article mentioned above, whether in fact some attorneys and judges place too much faith in opinions that may not really be valid.Something to think about?
All of us who are interested in criminal law have seen the 'Battle of the Experts' ad nauseum. The prosecution trots out an 'expert' with enough acronyms after his or her name to impress the entire courtroom, and a CV extraordinaire, and that person, under oath, states his and her opinion with great authority.Next comes the opposing side's 'expert,' with an equal amount of acronyms and an equally impressive CV, who states the exact opposite under oath. Who do you believe? Who is truly an expert?With that kind of question in mind, The Matrimonial Strategist this month is running a provocative, thought-provoking article entitled 'The Failure of Peer Review,' by David A. Martindale and Jonathan Gould. The authors state, 'We hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that we believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of [the peer review process].Although in this case the authors were aiming their warnings at matrimonial and family law attorneys, these same warnings apply throughout the area of law. Who really ARE your experts? Are they what they say they are? Do their CVs accurately reflect their careers in the field you are looking for? How do you know? Is there someone in your firm who has the time and the expertise to thoroughly search a potential expert's background, and to learn exactly how he or she performs in the courtroom?This is not meant in any way to demean a true 'expert' who has spent long years in his or her field of expertise. But it's easy to be fooled, and I wonder, as do the authors of the article mentioned above, whether in fact some attorneys and judges place too much faith in opinions that may not really be valid.Something to think about?
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.