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ILTA’s Peer to Peer Magazine

August 26, 2015

I’m happy to share ILTA’s 2015 Peer to Peer Magazine. Our CEO, Mark Torchiana, weighed in on one article titled “Which business process should legal organizations improve immediately for long-term success?”. Please find the link to the magazine and article below. We look forward to attending the International Legal Technology Association Conference next week.

ILTA Magazine

Article

Courtroom Insight Announces Expert Witness Search Services

August 18, 2015

We are excited to announce that custom expert witness search is now available. Attorneys who lack sufficient time or resources to locate and vet exceptional experts may request free, targeted referrals of quality expert witnesses.  This new service is offered to entire law firms and individual users through our partnership with a leading expert search firm.

The service builds upon the Courtroom Insight Expert Witness Directory which provides valuable information about professional expertise.   Visit Courtroom Insight to learn more about our suite of Expert Witness products and services, including:

 

Innovation in Law Firms versus Legal Departments

August 6, 2015

“Most big law firms today… [are] based on a partnership model that is criticized as archaic and clunky, billing for time that could have been better spent if processes were streamlined as the rest of the world seemingly moves forward.” Legal departments, on the other hand, are often on the cutting edge of technology, adapting quickly to the way businesses are run. We have seen an increase in technology usage at law firms, e-discovery for example, however the adoption and integration is moving at a slow pace. BTI Consulting found that 9% “more law firms are using technology as a source of innovation in 2015.”

Due to firms’ lack of adoption, companies are looking in house. Legal departments have the capability to work much more closely with their business operations counterparts to collaborate and invent solutions that will benefit their clients. However, collaboration should be at the forefront of innovation in both law firms and legal departments. Vendors and departments, alike, need to communicate and innovate together. “[We] need the vendors to work together so that when X product comes out with a new update, they are delivering a solution that works in that application. It’s not about email or systems like that, it is what knowledge products that we can deliver and how we are able to mine that data to provide an even better service to our clients.”

Source: Legaltech news

5 Disrupting Forces Shaping the Legal Landscape

July 17, 2015

The recent Legaltech West Coast panel “Disruption: Five Forces Shaping the Legal Landscape has got people talking. The following were the highlights of this discussion:

  1. E-discovery – we can walk around the vendor circle and quickly note that E-discovery has become the biggest thing to hit the legal industry. However, this panel focused on the role of people in E-discovery. Clients are seizing control of the process and hiring dedicated teams solely for E-discovery. Now it’s not just about keeping the firm happy, but also making sure the client’s standards are met as well.
  2. No surprise that this disruption also concerns E-discovery, however, the second point is about the ever-changing technology. The way that data is collected is evolving and there’s got to be a point when you decide how much information is too much. Data has to be complete, but “relevant and proportional” at the same time.
  3. Another major disruption comes in the form of education, technology and attorneys. Federal rules now state that an attorney is held responsible for being “familiar with the dangers and the benefits with technology”. This issue has trickled down to law schools who must now integrate e-discovery and technology into all courses and curriculum.
  4. Money and form of payment has caused quite a disruption in recent years. Clients have their own ideas about pricing and firms need to adjust.
  5. Globalization of industries has given law firms a wider scope of issues to consider. Different languages, views, foreign laws and technology all play a role in a case and all factors must be dealt with.

For more information, visit Legaltech News.

Recent Review Highlights Hon. Philip Cortese’s Poor Tactics

July 1, 2015

Hon. Philip Cortese, a New York judge was recently reviewed on Courtroom Insight. This judge was rated 1.0 out of 5.0 in every category (legal ability, objectivity and impartiality, communication skills and demeanor).  Here’s an excerpt of the review:

Review of New York Judge Philip Cortese

Fonda, NY

Judge Cortese has consistently shown a pattern of ruling in a manner preventing one from receiving full, fair, or impartial treatment.

Mr. Cortese faihfully does not adhere to the oath he took for office nor does he pursue justice. The problem here is nobody will stand up to him publicly or they are put at great risk if they ever have to appear in front of him again.

Visit Courtroom Insight for more information on this (and many more) State and Federal Judges.

Historical Success Rate of Daubert Challenges, 1993-2014

June 18, 2015

The most critical component of a challenge to expert witness testimony is arguably the disposition, or outcome of the challenge.  In an effort to better understand trends in how judges rule on whether to allow experts to testify given specific challenges to qualifications, methodology, etc., we have summarized challenge outcomes into the following categories:

  • Testimony admitted
  • Testimony excluded or partially excluded
  • Testimony relied upon or given significant weight
  • Testimony not relied upon or given little weight
  • Unknown or not categorized

The results of our analysis of over 100,000 challenges to expert witness testimony from 1993-2014 are enlightening.Pie Chart

In summary, over 27% of Daubert challenges were successful.  An additional 7% of cases resulted in testimony that was ignored or given little weight.  Future blog posts will further examine this critical information by profession and by jurisdiction.

Each of the challenge records in our database contains one of the listed summary outcomes in addition to other pertinent information such as case caption and citation, parties, counsel, area of law and more.  The full text of judicial opinions is also available directly from each record.  Users who purchase Individual Subscriptions to Courtroom Insight are able to instantly analyze expert witness challenge activity for specific experts and judges.

Learn more about Expert Witness Challenge Data at Courtroom Insight.

Judicial Opinions Gaining a lot of Traction

May 27, 2015

We are already receiving lots of positive feedback about our new judicial opinions.   Here is one example excerpt that shows why these references are so valuable:

The individuals proffered as experts by plaintiff are incompetent to testify on this subject and their affidavits are conclusory and speculative. Furthermore, the affidavits fail to satisfy the evidentiary standards set forth in Daubert v. Merrell Dow Pharmaceuticals…. Here, Mr. [EXPERT] and Mr. [EXPERT] do not meet the threshold requirement of admissibility because they are not experts on the issue of useful safe life. Plaintiff must show that Mr. [EXPERT]’s and Mr. [EXPERT]’s findings are based on sound science, which in turn requires some objective, independent validation of the methodology used. Here plaintiff has made no such showing. Plaintiff’s affidavits fail to explain the methods and procedures used in reaching the conclusion that the useful life of a properly maintained Bell 206 B II helicopter is indefinite. In addition, no external source is cited to validate methodology. The opinions seem to be based on subjective beliefs and unsupported speculation. In sum, the “expert” affidavits relied upon by plaintiff are conclusory, speculative and inadmissible under the standards set forth in Daubert.

Courtroom Insight currently has nearly 6,000 judicial opinions, with new ones being added every day. Please visit our Opinions page to learn more.

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