Expert Witness
About Expert Witness Testimony & Consulting
Find the truth. When you do, your story is easier to tell.
Expert analysis is rooted in developing a hypothesis, testing it, proving (or disproving) it and finding ways to strengthen your position – while still aware of the weaknesses or flaws in your own armor. The expert witness is in a constant mode of playing ‘devil’s advocate’ with his or her own analysis.
Because rest assured, your adversary is charged with doing the same thing. You must know your position better than your opposition – and be prepared to defend it, under intense scrutiny and cross-examination.
Below is the ‘pyramid’ of progression, showing the life cycle phases of investigation or forensic analysis, ultimately culminating in expert witness testimony. Completing the analogy of building the ‘body of evidence’ in the forensic process, preparing the expert report and providing expert witness testimony places the ‘skin’ on skeleton, muscles and organs, wrapping it all in place.
Life Cycle Phases of the Forensic / Investigative / Expert Witness Process
What We Do
Blending art with science
The best expert witnesses are consummate communicators and translators, helping clients navigating the rough waters of disputes. Our clients include governmental agencies, corporations, boards of directors, prosecutors and litigators.
By the numbers
In hundreds of cases over two decades, testimony may only be required in one tenth (10%) of them.
Settlement, versus Testimony
In experience, about 90% of our cases settle before trial or testimony is required. Our objective it to build a case that is strong and sound enough to mitigate costs of litigation, defense or prosecution.
Analyze, interpret and communicate the facts. Then make it easier for the audience to understand.
Consulting
As a consulting expert, our work is protected under the Attorney-Client Privilege, until or unless we are identified as a testifying expert.
Testimony
We have provided expert witness testimony in criminal and civil cases, in State and Federal court, before grand juries, in deposition, arbitration and mediation.
Pre-trial advisory
We regularly provide candid pre-case assessment and advice, on the merits and flaws of case, helping clients to ‘weigh case economics.’
Court-appointed Neutral
We also serve as an objective ‘referee’ in disputes, providing unbiased analysis and opinions.
Dispute Advisory Services and Litigation Support
Our firm’s experts have served as consulting or testifying expert in literally hundreds of cases through decades of experience, advising on cases in which tens of millions of dollars are at stake. We have made expert witness appearances in Federal, state and bankruptcy court, the U.S. Court of Claims and in mediation or arbitration.
If not serving as an expert witness in the courtroom, arbitration, mediation or negotiation, our team of professionals consult with businesses, governments and attorneys, many times under protection of the attorney-client privilege. On occasion, we also serve as a mediator / arbiter or court-appointed neutral.
We are a nimble, multi-disciplinary, cross-functional team of deeply seasoned professionals, bringing specialized expert and consulting services to the table in one small place and package.
Our strategy and objective: To pair you and your team with the best possible expert and tailor a plan to resolve your unique, individual situation.
Calculation of Economic and Financial Damages
While the role of the client’s legal counsel is to be an advocate for their client’s position, the financial expert must prepare analysis and testimony which follows professional standards and a rational, systematic, pragmatic, re-performable approach that will stand airtight and bulletproof in the face of cross examination by opposing counsel and the opinion of the opposing expert witness.
We provide the solution, by following plausible theory and modeling for financial and economic damages – and multiple scenarios, if needed. Then, whether in civil litigation, criminal prosecution, arbitration or mediation, we translate complex or esoteric financial concepts or analysis in a way that is lucidly communicated to a trier of fact.
Computer Forensics
The recovery, preservation and analysis of data goes ‘hand in glove’ with litigation support, forensic accounting and consulting. Through Our firm’s long-standing, trusted strategic partnerships and co-sourcing arrangements, we provide an integrated team for:
- E-Discovery (Data Recovery and Preservation)
- Data Analytics
- Intelligent Avatar
- Cyber Profiling
Business Valuation
Our firm’s experts have been engaged to provide more than 100 business and intellectual property portfolio appraisals. Our experts are certified in business valuation by the American Institute of CPAs.
Our cross-functional expertise in dispute resolution and turnaround / restructuring provides current and practical insights in a variety of industries. Some novel businesses we have appraised include entertainment and music, digital currency, life sciences, celebrity value, architecture, aerospace / defense and a professional sports franchise – not to mention traditional ‘brick and mortar’ industries.
Business Transformation:
Restructuring, Turnaround,
Receivership / Trustee / Examiner,
Bankruptcy / Insolvency
Our experts have been engaged in more than 50 distressed situations, typically by the company, and occasionally by lenders or other creditors. In certain situations, our experts have been engaged as a fiduciary (trustee or receiver) to be conservators of the assets.
Our cross-expertise in dispute resolutions and valuation provides current and practical insights. Recent matters include the following industries: technology staffing, cell phone case manufacturer, biofuel plant, water bottling and advertising.
Healthcare Dispute Advisory
Our firm’s Healthcare Dispute Advisory (HDA) experts have conducted hundreds of audits and investigations covering 40 states and provided expert testimony (both in civil and criminal trials in federal and state courts, for plaintiffs and defendants) involving hundreds of hospitals, physicians and other healthcare providers, insurance carriers and government agencies.
We work with attorneys, CPA’s and Healthcare Providers nationwide seeking independent investigations, compliance consultants, advice by industry professionals, or expert witness reports and testimony.
HDA brings together the range of specialized talent needed to address most cases involving concerns about. We provide healthcare dispute advisory expertise in the following areas, to name a few:
- Medicare or Medicaid compliance
- Reasonableness of medical charges
- ICD or CPT coding
- Facility or professional fee billing
- Clinical documentation
- Statistical sampling
- Medical or economic damages
- Electronic health records
- Health insurance
- Forensic accounting
Concerns about:
- Proper reimbursement
- Adequacy of clinical documentation
- Accuracy of coding
- Quality of care
Allegations of:
- False claims
- Medicare or Medicaid fraud
- Antitrust violations
- Advanced Coding Specialist – Anesthesia (ACS-AN)
- Certified Coding Specialists (CCS and CCS-P)
- Certified in Healthcare Compliance (CHC)
- Certified Evaluation and Management Coder (CEMC)
- Certified Forensic Interviewer (CFI)
- Certified Health Care Auditor (CHCA)
- Certified Legal Nurse Consultant (CLNC)
- Certified Manager of Patient Accounts (CMPA)
- Certified Managed Care Professional (CMCP)
- Certified Medical Practice Analyst (CMPA)
- Certified Patient Accounts Representative (CPAR)
- Certified Professional Coder (CPC and CPC-H)
- Certified Professional Medical Auditor (CPMA)
Results
Testimony, in Diverse Venues
Below are selected case experience examples, related to our past Expert Witness Testimony, by industry sector and subject matter. For additional case experience, please refer to Intelligence, Investigation, Forensic, and Risk / Controls.