The Expert Witness Podcast

David Smith
  • 4.5 (2)
  • BUSINESS
  • UPDATED MONTHLY

The expert witness can play a critical roll in lawsuits. This podcast will relate stories of the roles experts play in litigation, how they explained (or didn't) their points, and other interesting things that happen during the course of their engagement.

  1. APR 14

    Episode 16 - Interview with John Zeirke - Journey from Design Engineer to Expert Witness

    In this episode, we are joined by John Zeirke, a mechanical engineer, licensed professional engineer in multiple states, ACT-R-certified accident reconstructionist, certified vehicle fire investigator, and certified drone pilot. After a career in industry at companies like Caterpillar and Polaris, John has recently started his expert witness consulting firm. [00:56]John shares how he first learned about expert witness work from a college professor but notes that his path to this career built gradually over time. After getting his PE license and substantial industry experience, he recognized how his background could transfer into forensic consulting. [03:07]John details his industry experience, including designing powertrains for Caterpillar's large mining trucks and working on the Polaris Slingshot three-wheel roadster. He discusses the value of his product safety and quality role at Polaris, where he investigated potential safety issues. [09:01]He explains how his experience with product investigations and recall processes at Polaris prepared him for forensic consulting, teaching him to gather information, identify issues, determine root causes, and develop solutions. [20:44] John describes the range of cases he works on, including insurance investigations and complex product liability litigation. His work typically involves crashes, mechanical failures, and fires, and he applies his engineering expertise to determine whether vehicles or machinery contributed to incidents. [26:12]John discusses what he enjoys about expert witness work, including the variety of equipment he gets to analyze, the project-based nature of the work, and the challenge of clearly communicating complex technical concepts to non-technical audiences. John's Experience Handling Unfavorable Findings [31:09]John emphasizes the importance of independence and integrity. He notes that most clients appreciate honest assessments, even when unfavorable because they help them make informed decisions early in the process. [36:22]John highlights communication as essential for new experts. Understanding scope, deadlines, and budget expectations upfront is crucial, as is keeping clients informed without jumping to premature conclusions. [42:17]The most effective marketing comes through reputation and word of mouth. John emphasizes that doing quality work leads to repeat business and referrals. [46:18]John expresses optimism about his future in expert witness work, seeing significant potential for continued growth and learning in this field. You can reach John Zeirke at https://www.jzengineer.com/ or on LinkedIn. Alpine Engineering (https://alpineeng.com/) offers services from Product Liability Expert Witness Services to Intellectual Property Expert Witness Services / Patent Expert Witness Services to Accident Investigation Expert Witness Services and everything in between. For full show notes, visit:https://alpineeng.com/the-expert-witness-podcast-episode-16-interview-with-John-Zeirkes-full-transcript/ How John Transitioned from Industry to Expert Witness WorkHow Industry Experience Influences Expert Witness WorkTypes of Cases and Expert Witness WorkThe Rewards of Expert Witness WorkAdvice for New ExpertsHow to Build a Successful Expert Witness PracticeFinal Thoughts

    48 min

  2. MAR 26

    Episode 15: Interview with Nathan Macdonald a Mechanical Engineering Patent Expert Witness

    In this episode, we feature Nathan Macdonald, a licensed professional engineer and certified safety professional with over a decade of experience in product design, ranging from thrill rides to exercise equipment and consumer products. Nathan has spent the last 13 years working at Alpine Engineering and Design, collaborating on multiple design projects, personal injury, and patent cases. [0:59]Nathan shares insights into the various stages of patent litigation and when experts typically get involved. He explains how experts are retained at different points in the process, from pre-litigation testing to last-minute document reviews. [2:44]Nathan explains claim construction, a critical phase where courts define the meaning of words and phrases in a patent. He shares the importance of intrinsic and extrinsic evidence and explains how courts use the patent's written specification, file history, and industry knowledge to determine claim definitions. [5:07]Using an analogy, Nathan compares claim construction to defining property lines before determining infringement. He also discusses how claim construction rulings can make or break a case. [13:49]Nathan outlines the process of determining infringement by comparing accused products to patent claims. He discusses literal infringement versus infringement under the doctrine of equivalents, using real-world examples such as blender testing to prove substantial differences in product designs. [22:01]Nathan explains anticipation, where a patent claim is invalid if all its elements were previously disclosed in a single prior art reference. Additionally, David shares a case illustrating how prior art can impact the validity of a patent. [27:28]He then discusses obviousness, describing how experts evaluate whether an invention is simply a predictable combination of prior technologies. He emphasizes the legal variations of obviousness and how courts assess whether an invention is truly original. [35:46]Nathan discusses the importance of rebuttal reports, where experts critique opposing analyses. He shares a case involving urinal screens, highlighting how he identified flaws in an opposing expert's infringement claim. [45:21]Patent litigation depositions differ from those in personal injury cases. Nathan describes depositions as a strategic chess match, where attorneys attempt to exploit inconsistencies. He shares his experience with a 12-hour deposition, emphasizing the need for experts to remain sharp under pressure. [56:30]Nathan reflects on the challenges of presenting complex patent litigation concepts to juries who lack technical backgrounds. He insists on the importance of clear, concise expert testimony in simplifying patent cases for jurors. _______________ To see more about Nathan MacDonald’s experience, please visit https://alpineeng.com/our-experts/ For a full show transcript, go to: https://alpineeng.com/the-expert-witness-podcast-episode-15-interview-with-Nathan -Macdonald-full-transcript/ The Role of an Expert in Patent LitigationClaim Construction and Why It Is EssentialInfringement Analysis and the Doctrine of EquivalentsPatent Validity: Anticipation and ObviousnessRebuttal Reports and DepositionsPatent Trials and Communicating with JuriesThis show is hosted by Alpine Engineering, which provides patent expert witness services and intellectual property expert witness services related to mechanical engineering.

    58 min

  3. 09/13/2024

    Episode 14: Interview with Lloyd Williams, a Hotel Management Expert Witness

    In this episode, we are joined by Lloyd Williams, a respected hotelier and expert witness from Minnesota. With extensive experience in managing all aspects of complex hotel and resort operations, Lloyd has overseen assets with revenues up to $62 million. He is known for his hands-on approach to human resources, staff development, finance, marketing, and revenue management. Lloyd's expertise spans various ownership structures, and he is recognized for his focus on guest satisfaction, employee wellbeing, and maintaining high standards in the hospitality industry. As an expert witness, Lloyd shares his insights and knowledge across the country, bringing valuable perspective to cases in the hotel and resort sector. [01:38] How Lloyd got into expert witness work Lloyd shares how he unexpectedly entered expert witness work after being recommended by an asset manager to a law firm, leading to his first case in 2016. [05:56] Does being active in the industry help Lloyd as an expert witness? Lloyd explains how staying involved in the hospitality industry keeps him up-to-date with current practices, enhancing his credibility and effectiveness as an expert witness. [09:32] The things that expert witnesses should consider before taking a case Lloyd discusses the importance of assessing one's specific competencies and ensuring they align with the case requirements before accepting expert witness work. [13:27] The benefits of being involved early on in a case as an expert witness Lloyd highlights the advantages of early involvement in cases, particularly in the discovery process, which helps streamline the case preparation and enhances the expert's understanding. [17:21] Handling opinions outside what you are comfortable with as an expert witness Lloyd describes his approach to addressing situations where attorneys might ask for opinions beyond his expertise, emphasizing open communication and staying within his competencies. [21:04] What expert witnesses mostly look at in cases where people are injured in the hospitality industry Lloyd explains that he focuses on a mix of factors, including staff training, organizational structure, and safety protocols when examining injury cases in hotels. [29:15] The red flags of a bad hotel that people should be aware of Lloyd provides advice on how to identify potentially unsafe hotels by thoroughly reading online reviews and looking for specific warning signs. [34:30] The basics in hospitality that apply directly to expert witness work and make you better expert Lloyd discusses how core hospitality principles, such as prioritizing guest and employee safety, directly apply to and enhance his expert witness work. [41:11] The best thing of working in the hospitality industry Lloyd shares memorable experiences from his career, including interactions with notable figures like President Obama and Lawrence Rockefeller. [48:45] What to do as an expert witness to build trust and get repeat clients Lloyd outlines strategies for building strong relationships with attorneys, including being readily available, respecting support staff, and providing detailed billings. [55:58] Is adding expert witness work as a service something that Lloyd would do again? Lloyd affirms that he would add expert witness work to his services again, but emphasizes the importance of having substantial industry experience first. ***** Lloyd Williams is represented by Expert Institute. You can contact Lloyd Williams directly at lwilliams.hotelexpert@gmail.com David Smith is the President of Alpine Engineering and Design. Alpine Engineering provides unbiased mechanical engineering expert witness testimony. You can reach them at https://alpineeng.com/contact/ See the full podcast transcription at https://alpineeng.com/the-expert-witness-podcast-episode-14-interview-with-lloyd-williams-full-transcript/

    1h 1m

  4. 07/08/2024

    Episode 13: Interview with Eric P. Rose, a Product Development and Manufacturing Expert Witness

    Unpacking the 3M Earplug Litigation with Eric Rose In this episode, we are joined by Eric P. Rose, the president of Pinnacle Product Innovation, Inc. He is a seasoned product innovator, management consultant, and expert witness with over 35 years of experience in new product innovation and commercialization across consumer, healthcare, and industrial sectors. Rose has worked with companies ranging from startups to Fortune 500s, and holds numerous patents worldwide. Alongside his innovation work, he serves as an expert witness in product design and manufacturing litigation cases, providing valuable insights to litigators. [02:10] How Eric got into Expert Witness work Eric shares his journey into expert witness work, starting with his fascination with product law during his undergraduate studies and his involvement in the 3M military earplug case. [03:45] The 3M Earplug case Eric discusses his role and insights in the high-profile 3M earplug litigation. [04:16] What is a multi-district litigation? Eric explains multi-district litigation (MDL) and how it differs from class action lawsuits, using the 3M case as an example. [06:41] How Eric was contacted about the 3M Earplug case Eric recounts how he was approached for the 3M case, likely through his professional presence on LinkedIn and his extensive experience in personal protective equipment. [09:32] Eric’s opinion on the 3M case Eric provides his perspective on the 3M earplug design changes and their downstream effects, emphasizing the importance of design specifications. [11:55] The work that Eric did to support his opinion Eric describes the extensive research and review process he undertook, including analyzing four feet of binders and leveraging his 35+ years of experience. [13:51] The process of developing a product I also highlight the complexities and extensive research involved in product development, countering the misconception that it is a quick and easy process. [15:50] Making your findings easy to understand and digest to the listeners Eric discusses the importance of simplifying complex information for reports and depositions, using analogies to make his findings accessible. [18:30] The Daubert challenge Eric explains the Daubert challenge process and how he substantiated his methodology with credible, independent sources to meet court standards. [24:18] What it’s like to work on a big case as your first experience Eric reflects on his challenging yet rewarding experience working on the 3M case as his first major expert witness project and how it set the stage for his future work. [26:22] The things that every expert should know working on a large and public case Eric shares insights on the extended timelines and scheduling challenges in legal cases, emphasizing the need for flexibility and patience. [31:56] The big gap in the expert witness work I discuss the growing need for new expert witnesses as many seasoned professionals retire, and the importance of introducing and training new experts in the field. ____________ Connect with Eric at https://www.linkedin.com/in/ericpaulrose/  and visit his company Pinnacle Product Innovation, Inc., at https://www.pinnaclepi.com/   See the full interview transcript at: https://alpineeng.com/the-expert-witness-podcast-episode-13-interview-with-eric-p-rose-full-transcript/ Get Mechanical Engineering Expert Witness expertise by visiting Alpine Engineering at https://alpineeng.com/

    34 min

  5. 05/28/2024

    Episode 12: Interview with Dr. Ediuska Laurens, a Medical Device Expert Witness

    In this episode I sit down with Dr. Ediuska Laurens, who provides expert witness services on cases involving medical devices. In the interview, we discuss various topics including how she was introduced to expert witness work, the barriers and obstacles to getting into the field, what she enjoys about the work, and how public speaking works with her expert witness services.

    37 min

  6. 12/11/2023

    Episode 11: An interview with Dr. Kenny Stein - an Emergency Medicine Expert Witness

    Building Strong Legal Cases: Emergency and Critical Care Medicine with Kenny Stein In this episode, we feature Kenny Stein, a Physician/Expert Witness specializing in Emergency Medicine, Critical Care Medicine, Internal Medicine & Personal Injury. With sought-after expertise in medical malpractice/negligence cases, Kenny assists attorneys by leveraging his in-depth medical knowledge to guide them through complexities, offer valuable perspectives, and help build strong, well-informed legal strategies. Expert Witness in Medicine  [0:59] Kenny delves into his unexpected path to expert witness work, gaining insights from a medical education seminar. He underscores its dual benefits—self-protection and professional growth—emphasizing enhanced patient communication and documentation skills. Navigating Obstacles in the Expert Witness Field  [03:48] He emphasizes becoming a knowledgeable, professional, and ethical expert witness, citing resources like SEAK Experts. Stein highlights seminars such as "How to Bulletproof Your Practice" and "Ethical Professional Expert Witness" as crucial for understanding the medical-legal system. He underscores the importance of addressing patient communication and ethical considerations. Emergency Medicine Expert Witness  [07:17] Kenny focuses on emergency medicine cases in the ER and ICU, discussing critical scenarios like delays in EKG analysis leading to adverse events and defense cases involving nurse statements. [08:46] He stresses cases requiring a causation opinion, like pharmacy errors or accidents leading to additional medical problems. This highlights the diverse challenges an expert witness faces in emergency medicine. Attorneys in Medical Negligence Cases  [15:00] Kenny offers advice to attorneys entering medical-legal work, emphasizing the nuanced nature of the field and the need to understand jurisdiction-specific rules. He encourages collaboration with experienced professionals, learning court rules, and remaining open to expert opinions challenging initial perceptions. [17:15] He emphasizes the importance of acquiring comprehensive medical records and using OCR for efficient searches. Stein advises plaintiff's attorneys to identify the family's main objectives—financial compensation, recognition of wrongdoing, or closure. He recommends establishing a "safe word" in family discussions when needed. Challenges in Medical Legal Cases  [27:24] He discusses his approach when a case lacks merit, emphasizing upfront communication with attorneys. Stein advocates for setting clear expectations and providing an honest assessment within the initial three hours of review. [29:03] Stein highlights addressing disagreements on the standard of care or specialized cases by prioritizing transparency. He underscores the importance of updating opinions based on new information, fostering a collaborative and informed decision-making process between the expert witness and the attorney. Advice from Kenny [41:37] Kenny advises first-time practitioners to secure an upfront retainer, conduct a thorough factual analysis, seek expert marketing services, and prioritize honesty and transparent communication. [43:07] In discussing effective testimony, Stein emphasizes that an expert's role is to explain, not persuade, and underscores the importance of supporting opinions with research or clinical experience. For a full show transcript, go to: https://alpineeng.com/the-expert-witness-podcast-episode-11-interview-with-kenny-Stein-transcript/ Go to https://www.er-md.com/index.htm to learn more about Kenny and his work as an Expert Witness in Emergency Medicine, Critical Care, and Internal Medicine. Also, visit https://alpineeng.com/services-2/ to find an Engineering Expert Witness perfect for your needs. You can also follow Kenny on his socials: LinkedIn | Email

    49 min

  7. 11/28/2023

    Episode 10: Interview with Torrey Roberts a Crash Reconstruction Expert Witness

    Crash Reconstruction and Forensic Engineering Insights with Torrey Roberts In this episode, we're joined by Torrey Roberts, Principal Engineer and founder of Roberts Forensic, bringing over 15 years of expertise in crash reconstruction and forensic engineering. Today, Torrey shares essential insights to guide entrepreneurs through the complexities of forensic engineering and crash reconstruction. Torrey’s Journey into Crash Reconstruction  [0:38] Torrey entered crash reconstruction following a fortuitous accident, propelling his determined pursuit of an engineering firm position. His educational and career journey, marked by unexpected twists, led to the establishment of his forensic engineering firm. [5:05] Starting his crash reconstruction firm in Boise, Torrey overcame challenges, including the initial investment in equipment and software. He underscores gradual business growth through a marketing strategy focused on reputation-building and personal client connections. Crash Reconstruction Cases [6:13] Torrey specializes in fatal accidents, swiftly collecting evidence, with a focus on heavy trucks, tractor-trailers, and motorcycles. He also handles vehicle-to-vehicle and pedestrian accidents to some extent. [9:51] Torrey handles cases primarily in Idaho and nearby regions, with occasional work in the Western United States and Midwest. He prefers local growth but recognizes the necessity to expand geographically with business growth. [11:14] Torrey relishes his expert witness work for the satisfaction of delving into a case, the challenge of unraveling its intricacies, and the joy of meticulously analyzing every aspect.  Maintaining Credibility  [13:24] The value of long-term credibility and the responsibility to provide clients with an honest assessment of the situation so they can make informed decisions. [15:27] Torrey shares amusing trial and deposition stories: a wailing child in court and standing due to a recent vasectomy, creating unexpected atmospheres. These anecdotes offer a lighthearted glimpse into the unpredictability of legal proceedings. [18:37] Approach the case with expertise and an open mind. Torrey advises against forming hasty opinions, emphasizing the importance of thoroughly examining evidence before drawing conclusions. [19:57] Torrey emphasizes cases where initial assumptions differ from evidence, underscoring the importance of staying open-minded. He shares a recent case where a complete reset yielded a solution vastly different from initial assumptions, illustrating the complexity and unpredictability of forensic work. Advice for New Experts  [23:51] For an expert witness, credibility hinges on thorough consideration of all possibilities and genuine examination of evidence. Effective communication, particularly in simplifying complex concepts for a non-technical audience, is crucial for long-term success. [28:33] Torrey prioritizes reputation, quality work, effective communication, and personal connections for expert witness marketing.  [31:13] Torrey reflects on the shift from design to expert witness work, highlighting its dynamic and evolving nature. He sees it as a constant source of learning and growth in both his life and business. Visit https://robertsforensic.com/ for insights on accident reconstruction and forensic engineering for legal, insurance, and corporate needs.  Explore https://alpineeng.com/accident-investigation-expert-witness/ for expert support in litigation related to mechanical engineering accident reconstruction,  defect identification, system safety analysis, and more to bolster legal cases involving accidents related to machinery and equipment. For the full show transcription, visit: https://alpineeng.com/the-expert-witness-podcast-episode-10-interview-with-torrey-roberts-transcript/ You can connect with Torrey on LinkedIn

    34 min

  8. 10/30/2023

    Episode 9: Interview with Nigel Jones an Expert Witness in Patent and Trade Secret Lawsuits

    In this episode, David and Nigel discuss what it is like to be an expert in patent litigation suits, how to get started, and interesting aspects of the work. For more information on patent litigation, or expert witnesses for patent cases, please visit https://alpineeng.com/services/patent-expert-witness/

    50 min
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The expert witness can play a critical roll in lawsuits. This podcast will relate stories of the roles experts play in litigation, how they explained (or didn't) their points, and other interesting things that happen during the course of their engagement.

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