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When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best
Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, as a result of either inadvertent procrastination or a calculated decision to delay expert disclosure for as long as possible. Neither of these reasons is a sufficient justification to offset the benefits that accrue from retaining expert witnesses sufficiently early in the litigation process to enable the experts to assist the litigators and their in-house supervisors in making preservation of evidence decisions, in guiding their approach to discovery, and in shaping their overall litigation strategy.
Just as no self-respecting lawyer would send a demand letter, file a complaint, or serve a responsive pleading without first investigating all available factual evidence and researching the applicable law, no competent litigator should embark on the litigation process without retaining, and consulting with, the expert witnesses who will be necessary to make the client's affirmative case and to rebut the adversary's opposing case. Often, experts will identify lines of inquiry, approaches to marshalling evidence, and strategies for debunking the other side's fact and expert witnesses that may prove decisive at trial. If the decision to retain one's own experts is delayed until the eve of trial, such opportunities will be lost.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.