FIRST QUARTER – 2015 | NEWSLETTER

Check out this issue discussing:

FEWA ANNUAL CoNFERENCE

FEWA ANNoUNCES ThE CERTIFIEd FoRENSIC LITIgATIoN CoNSULTANT CREdENTIAL

do’S ANd doN’TS oF ExpERT WITNESS TESTImoNy

ChALLENgES FoR ThE hoTEL ANd RESTAURANT ExpERT

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In This IssuePresident’s Message:

ENhANCE yoUR ExpERIENCE WITh FEWA IN 2015By John Levitske, 2015 FEWA National President

JoIN US IN SAN dIEgo FoR ThE FEWA ANNUAL CoNFERENCE

FEWA ANNoUNCES ThE CERTIFIEd FoRENSIC LITIgATIoN CoNSULTANT CREdENTIAL

do’S ANd doN’TS oF ExpERT WITNESS TESTImoNyBy Ray Yepes

ChALLENgES FoR ThE hoTEL ANd RESTAURANT ExpERTBy Dennis P. Gemberling

Message from Our Executive Director:

LEAdERS STEp Up. FEWA mAkES STRIdES.By Kerry Parker, CAE, FEWA Executive Director

Notes from the Experts:

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President’s Message: gRoW yoUR kNoWLEdgE ANd ENhANCE yoUR ExpERIENCE WITh FEWA mEmbERShIp IN 2015!

By John LevitskePresident, Forensic Expert Witness Association

We invite you to grow your knowledge and enhance your experience as an expert consultant, expert witness or

associate with FEWA membership in 2015. Our events plus our seven national FEWA committees afford numerous opportuni-ties for members to participate in knowledge and experience-enhancing activities that foster the progress of our industry and the professionals within it. A key upcoming activ-ity includes our FEWA in-person National Annual Expert Witness Conference. Additionally, we offer local Chapter Meetings in nine cities around the country. Further ways to get involved include our FEWA Bar Relations initiative and our FEWA Membership Value initiative.

We are an inclusive professional organization of members from numerous diverse professions, various national geographic lo-cations and differing levels of experience. In this regard, we are pleased to introduce our new FEWA Certified Forensic Litigation Consultant (CLFC) professional credential program, our new FEWA member-to-member continuing education quarterly National Webinar Program, and our new FEWA “Becoming a Forensic Expert Witness” Mini-Track option at our national conference. Your participation is the key in growing your knowledge, and the success of FEWA. We look forward to seeing and hearing from you in 2015 as you participate as a FEWA member.

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LEARN, CoNNECT & gRoW WITh FELLoW FoRENSIC pRoFESSIoNALS AT ThE FEWA ANNUAL CoNFERENCE, ApRIL 23-25! Join FEWA at the Westin San Diego, April 23-25, where

experts will Learn, Connect, & Grow at the 2015 FEWA Annual Conference & Symposium! The conference was devel-oped for forensic consultants of all disciplines and levels of expertise. Expert witnesses will leave feeling prepared, ener-gized, and eager to use their newly acquired skills and knowledge.

Attendees can expect interactive, hands-on sessions from esteemed presenters only available at the FEWA Annual Conference. Attendees will enjoy the dedicated networking time with peers, sponsors and high-profile speakers, increasing one’s opportunities to generate referrals and future business.

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▶ The Organization of Scientific Area Committees – Developing Standards and Guidelines for the Practice of Forensic Science

▶ Language and the Law: What an Expert Witness Needs to Know About the Language of the Law

▶ eDiscovery

SESSIoN hIghLIghTSThe Annual Conference sessions will feature esteemed speakers with a variety of backgrounds including: civil, trial and defense attorneys, Deputy District Attorney, judges, expert forensic consultants, and professional speakers to name a few. Learn more about the 2015 sessions highlighted below:

▶ The Role and Impact of the Expert Witness on Trial – From Start to Finish

▶ Expert Witness Marketing and Business Development Summit

▶ Mastering the Fundamental Principles Important to Expert Witnesses

▶ Examination of Experts from the Judges Perspective

▶ Forensic Analysis of Audio, Video, and Acoustic Evidence

▶ Bias in the Courtroom ▶ Optimizing Your Involvement in the

Dispute Resolution Process ▶ The Silent Language of Expert

Testimony ▶ Panel Discussion Answering the

Questions Asked of All Experts

Personal Injury Liability Pays damages and defense costs arising from claims that your work is libelous, slanderous, or in violation of a person’s right to privacy. Professional Liability Protection against lawsuits arising from unintentional errors on projects you handled as a Forensic Litigation Consultant. Claims could include charges like negligent acts, errors or omissions. Legal Defense and Court Costs This plan covers legal costs of lawsuits or arbitration proceedings alleging liabilities previously described above.

COMPLETE EQUITY MARKETS, INC. In CA. dba Complete Equity Markets Insurance Agency, Inc. CASL#0D44077 www.cemins.com

Forensic Litigation Consultants Professional Liability Insurance offers an affordable insurance plan specifically designed to meet the legal needs of Forensic Litigation Consultants. The plan, administered by Complete Equity Markets, Inc., is being offered exclusively to all members of the Forensic Expert Witness Association who are in good standing.

FORENSIC LITIGATION CONSULTANTS PROFESSIONAL LIABILITY INSURANCE

A Tradition of Innovation and Service.

Personal Injury Liability Pays damages and defense costs arising from claims that your work is libelous, slanderous, or in violation of a person’s right to privacy. Professional Liability Protection against lawsuits arising from unintentional errors on projects you handled as a Forensic Litigation Consultant. Claims could include charges like negligent acts, errors or omissions. Legal Defense and Court Costs This plan covers legal costs of lawsuits or arbitration proceedings alleging liabilities previously described above.

COMPLETE EQUITY MARKETS, INC. In CA. dba Complete Equity Markets Insurance Agency, Inc. CASL#0D44077 www.cemins.com

Forensic Litigation Consultants Professional Liability Insurance offers an affordable insurance plan specifically designed to meet the legal needs of Forensic Litigation Consultants. The plan, administered by Complete Equity Markets, Inc., is being offered exclusively to all members of the Forensic Expert Witness Association who are in good standing.

FORENSIC LITIGATION CONSULTANTS PROFESSIONAL LIABILITY INSURANCE

A Tradition of Innovation and Service.

REgISTRATIoNAct fast, discounted early-bird registration rates end April 1! Register online at www.forensic.org.

hoTELReserve your rooms at the Westin San Diego. Discounted room rates are available for FEWA attendees! Learn more.

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needlessly antagonize the other side, causing negative fallout that words can’t counteract.

What’s more, with increased use of videotaping in depositions, expert wit-nesses need to look just as credible on screen as they would in the courtroom.

In this lively and information-packed talk, Drs. Janet and Neal Larsen Palmer, principals of Communication Excellence Institute and nationally known experts on nonverbal communication, quickly zero in on the nonverbal features that build high credibility in expert witness-es, such as gestures and movement patterns, body posture, facial expres-sions, vocal inflection and timing, and eye contact. Don’t miss this practical, powerful presentation!

4:00 pm – 5:30 pm The Silent Language of Expert Testimony

As an expert witness, you want to be seen as competent, trustworthy, and likable. But many experts, under the strain of the testifying process, do things nonverbally that undercut one or all of those three qualities. A bored expres-sion here. An averted glance there. And maybe even a disgusted look—any of these can turn off a swing-vote juror or

ThURSdAy, ApRIL 23

Hass Sadeghi, Esq., M.D.R. of Sadeghi

Legal

Janet Larsen Palmer, PhD of

Communication

Neal Larsen Palmer, PhD of

Communication Excellence Institute

3:00 pm – 4:00 pmOptimizing Your Involvement in the Dispute Resolution Process

As an expert witness, it is just as important to understand your role in relation to the dispute resolution process, as it is to understand your role at trial. This session will provide

an insider perspective on how expert witnesses can add value to counsel and their clients at the time of mediation or settlement conference. Participants will learn how to contribute towards settle-ment efforts through ADR by learning about the mindset of mediators and settlement conference judges.

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8:30 am – 5:00 pmThe Role & Impact of the Expert Witness on Trial – From Start to Finish

The program will be a comprehensive discussion of the role and impact of expert witnesses on trial. The program will cover, among other things, how the “pre-trial conduct” of

experts impacts trial from retention, to investigation, to report, to deposition. Additionally how experts impact the trial itself, including:

▶ Expert related motions-in-limine at the final pre-trial conference,

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Michael Schwartz, Esq. of Trial

Advocacy Group, LLC

Welcome to FEWA! FEWA would like to welcome the fol-lowing members to the organization :

▶ Dr. N. Mete Talimcioglu, Chicago Chapter

▶ Dr. B. Tod Delaney, Chicago Chapter ▶ Thomas Bambrick, Chicago Chapter ▶ Gary Yamaguchi, Arizona Chapter ▶ Joshua Korman, Dallas Chapter ▶ Rick Nathan, Chicago Chapter ▶ Steven Coombs, Chicago Chapter ▶ Roderick Moe, Florida Chapter ▶ Mark C. Higgins, Los Angeles Chapter ▶ Jorge Vizcaino, Northern California

Chapter ▶ Charles Comiskey, Houston Chapter ▶ Chuck Epperson, Houston Chapter ▶ Kandace West, Los Angeles Chapter ▶ Douglas Gregory, Florida Chapter ▶ Alex Kwechansky, Los Angeles

Chapter ▶ Joel Panock, Northern California

Chapter ▶ Dr. Michael Nirenberg, Chicago Chapter

▶ Vaughn Pearson, Dallas Chapter

New members as of March 12, 2015

▶ Expert related voir dire in jury selection,

▶ Comments on expert witnesses in opening statements, expert direct exam,

▶ Expert cross-exam, redirect and re-cross of experts, rebuttal expert testimony,

▶ Closing arguments and the attorney discussion of the experts therein,

▶ What the judge tells the jury about experts in jury instructions, and what jurors say about experts in deliberations.

The program will include lecture, discus-sion, demonstrations, workshops, and multi-media video clips of actual trial testimony and celebrated Hollywood movie clips on “experts” in trial.

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ANNoUNCINg ThE CERTIFIEd FoRENSIC LITIgATIoN CoNSULTANT (CFLC) CREdENTIAL

FEWA is proud to announce the Certified Forensic Litigation

Consultant (CFLC) credential for qual-ified expert witnesses and forensic consultants. The CFLC is granted ex-clusively to FEWA Professional members who have met the eligibility criteria established requiring signifi-cant participation in FEWA activities and completion of education courses in the subjects of forensic analysis, litigation con-sulting and expert witnessing.

The CFLC designation confirms the credential holder has fulfilled the requirements and is maintaining proficiency in the credential’s minimum learning objectives for coursework on subjects neces-sary to function in the legal system. FEWA’s certification ensures an expert witness is sufficiently familiar with basics of the attor-ney/expert interface to furnish expertise in his or her field without additional training in fundamentals of the litigation process. The CFLC recognizes the education and experience one has within the legal environment, not one’s expertise in their discipline(s).

Set yourself apart as a certified forensic litigation consultant and promote a greater level of confidence for clients and employers. The application process is easy for qualified applicants. LEARN MORE AND CONSIDER APPLYING FOR THE CFLC!

“Having this certification has allowed me to differentiate from other experts. My certification demonstrates my education and experience with report writing and oral testimony. I constantly use the skills and training I have learned through FEWA to refine my cross-examination skills and better present evidence. Maintaining my credential forces me to stay abreast of develop-ments in a cutting edge and evolving profession.”— Adam, CFLC – Member of the Orange County Chapter since 2010

“Attorneys often need to find a highly qualified expert from a large pool of candidates on very short notice. The CFLC desig-nation allows me to display my experience and professionalism even before they look at my curriculum vitae.”—John, CFLC – Member of the Houston Chapter since 2010

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Notes from the Expertsdo’S ANd doN’TS oF ExpERT WITNESS TESTImoNy WhEN dEALINg WITh CompUTER FoRENSIC INvESTIgATIoNS IN ThE CoURTRoom

By Ray YepesI have testified over 286 times on computer forensics, cyber security, and eDiscovery matters in federal, state,

and local courts since 1995. The number one question I am asked is regarding the do’s and don’ts of expert witnesses. There is no simple answer to this question, but below are some tips that I have found to be helpful, especially in regards to computer forensic litigation, using a past case of mine as an example.

Ray Yepes, NSIA IAM & IEM, ACFEI CHS-5 & SSI, EnCE, CCE, CCI, ACE has over 19 years of experience as a security professional and criminal investigations examiner. As a security professional, Yepes has designed, maintained, and implemented security perimeters, network security architectures, and security policies for small, midsize, and large Fortune 200 companies. Yepes has conducted 1000+ digital forensic investigations, including network forensics, cell phone forensics, PDA forensics, computer forensics, and firewall appliance forensics. Yepes currently serves as the treasurer for the Forensic Expert Witness Association (Houston Chapter) and the High Technology Crime Investigation Association (Houston Chapter).

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the leading errors by expert witnesses during testimony is placing the subject behind the keyboard. Based on past experiences, there are countless times I have observed the opposing expert during testimony state: “John Doe copied the data to a flash drive.” The very foundation of this statement is prejudiced. An unbiased approach to this statement would be: “Evidence was found to indicate that the user associated with John Doe’s user profile connected a flash drive and copied proprietary and confiden-tial information to this external device” as shown in figure below (See Exhibit 01).

1) Show no prejudice for or against the case and/or clientMy number one suggestion for expert witnesses is to remember the obligation to remain unbiased during testimony. Digital forensics is a branch of science encom-passing the recovery of digital evidence related to computer crimes and as such it is a scientific methodology of gathering and examining information. Because it is a branch of forensic science, the very prin-ciple of its foundation relies on empirical and measureable evidence, not on experts’ opinions. There are times an expert wit-ness’ view may be requested by the court during testimony, however, when dealing with digital forensics my experience has been the opposite. Only once has the judge asked me about my opinion. The moment an expert witness provides a judgment about a matter, the expert is deviating from the facts, which can lead into a prejudiced testimony. One of the most significant strengths of an expert witness testimony is remaining unbiased.

2) Don’t place the subject be-hind the keyboardThe next suggestion I provide is vital and also closely related to impartiality. Unless the expert witness has personally witnessed the subject committing the crime, one can-not place the subject behind the keyboard. An expert, through digital forensic science, can formulate correlations that would sug-gest the subject was behind the keyboard during the time of the crime, but ultimately one must stay away from referring to the subject during testimony. This is the job of the attorney, not the expert witness. One of

Exhibit 01

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incident in question was not intended for business purposes. For instance, the following exhibit (See Exhibit 02) shows my testimony during a trial. In this par-ticular case, the subject’s location was established based on badge access, video footage, network logon records, VPN logs, and cell phone tower records. As you can see, the attorney was trying to downplay the severity of the crime and suggested that other employees, and not his client, may have copied the

to formulate correlations that would ul-timately suggest the subject was behind the keyboard at the time of the crime. Good correlations for this undertaking are place and time. Where was John Doe at the time of the crime? What time was the crime committed? When an expert can testify that the copying took place during nonbusiness hours, such as on a Saturday night at 9:09PM when the subject was not physically at the office, this could formulate the idea that the

The above exhibit shows the summary section of a forensic report I wrote back in 2013, drawn from the case I will be referring to throughout this article. As an expert witness I cannot make allegations against the subject. My job is to present the scientific and empirical evidence. Please note the underlined words: “asso-ciated” and “appears.” Ultimately, as an expert I cannot attest it was John Doe, I can only attest to the activities asso-ciated with a particular individual. For example, a family member using the sub-ject’s computer could have committed the crime. For this particular matter I was able to attest that the account “jdoe” was created and assigned to John Doe when the employer hired him, and the email address johndoe@gmail.com (based on name description) “appears” to be “asso-ciated” with John Doe.

3) Why is correlation important?Because an expert cannot place the sub-ject behind the keyboard, it is important

Exhibit 02

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connected to what had been previously identified as a private home network associated with the subject (based on net-work name, router name, and previously assigned private IP addresses). Hence, there was an additional correlation.

4) Remember you were the one sworn in, not the attorneyI cannot emphasize enough the impor-tance of taking your time and verifying the information on hand before you speak. After all, it is your testimony; you are the one bound by an oath or pledge to tell the truth. For instance, the follow-ing exhibit (See Exhibit 03) presents a good example of the importance of re-viewing and verifying the information at hand before you testify. This exhibit does not show the time lapse, but following the attorney’s question, I actually took a minute or two to verify the information the attorney was making reference to. I’m glad I did, as the attorney was refer-encing the wrong exhibit.

report, that I had uncovered evidence that positively associated his client with the computer activity.

In these types of intellectual property theft cases, 99% of the time the subject will deny being behind the keyboard at the time of the crime. To combat this, it is imperative to look for evidence of associations such as described above. In this same case, at the time of the copying, the user was

information in question. Through cor-relation, I was able to make an educated guess regarding where John Doe was, and as a result I answered, “I disagree.” The copying took place on a Saturday night (8:26PM) while the user was accessing his personal banking informa-tion and replying to his personal email messages. The attorney immediately avoided further scrutiny of my testimony because he knew, based on my forensic

Exhibit 03

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About ten minutes later, knowing I had fallen into the attorney’s trap, he attempted to employ the same tactic as shown by the following exhibit (See Exhibit 05). This time I was able to anticipate what he was look-ing for and eventually used this approach to my advantage. As he was asking for my assumption, I reminded him that he had previously asked me not to make assump-tions or guesses. Some of the jurors laughed after I answered, and my statement actually irritated the attorney during trial and his tone immediately changed, “Well, I’m ask-ing for that assumption. All right?”

5) Don’t make assumptions…I’m guilty of making assumptions during trials; in fact, the following exhibit (See Exhibit 04) shows a time where I made an assumption (for the same case) and was immediately halted by counsel. If you make no assumptions, the more credible your testimony will be. The mo-ment I said, “I can make an assumption because…” I realized I had fallen victim to the attorney’s tactics. During the ques-tions previous to the one in Exhibit 04, the attorney was leading me to make an assumption, and ultimately I did.

Do you know someone interested in learning more about becoming a fo-rensic consultant but doesn’t know where to begin? FEWA will offer an introductory workshop on how to successfully launch your forensic consultant business or jumpstart an existing one. This workshop is designed for those brand new to the idea of forensic consulting and requires a separate registration fee from the Annual Conference.

Spread the word and invite your peers and colleagues to take the jump and begin their forensic con-sulting business. This course will be a 3-hour session, on Friday, April 24, will be led by seasoned experts from different fields covering the basics of getting started, marketing and best practices. Learn More & Register Today!

Your Next Career

Becoming a FORENSIC CONSULTANT:

Exhibit 04

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6) “Subject” not “Suspect”Many times I have witnessed the op-posing expert (whether orally during testimony or in written form in a report or affidavit) refer to the subject as a sus-pect, criminal, defendant, etc. Please refrain from using these adjectives when referring to the subject, as it does not show neutrality on behalf of the expert.

ConclusionAs I have mentioned throughout the ar-ticle, and as exemplified by the attorney in the example case, it is of utmost im-portance that your testimony is as much based on unbiased fact as possible. In my experience, the above outlines best practices for those who are testifying in digital forensic cases, and even for those testifying in any kind of case.

Exhibit 05

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Notes from the ExpertsChALLENgES FoR ThE hoTEL ANd RESTAURANT ExpERT IN STANdARd oF CARE vERSUS CUSTom ANd TRAdE pRACTICES

By Dennis P. Gemberling

When proving or defending premises liability and negli-gence involving hospitality industry lawsuits, “standard of

care” and “custom and trade practice” are usually at the heart of many issues. The lodging, food service, resort, travel and related leisure and recreational industry serve and employ more people than most other industries. Unfortunately, it is not the case that any major association or industry-wide organization1 set any one standard to follow. Therefore, certain customs of management and operations have evolved into industry standards.2

Practices Become StandardsA good example where evolution in trade practice became a lodging industry standard is non-skid surfaces in guestroom bathtubs and shower stalls. Or, in the absence of slip-resistant flooring, a rubber bath mat or similar application is provided.

Dennis P. Gemberling, CHA, CFBE, FMP, FCSI, is a hospitality industry expert and president of Perry Group International, a management and consulting services firm. Mr. Gemberling has over 35 years experience in managing, operating and consulting on hundreds of hotels, resorts, restaurants, bars, nightclubs, catering businesses, special event facilities, and mixed-use real estate across the United States, Mexico, and Canada. He is also certified in hotel and restaurant management by the American Hotel & Motel Association and National Restaurant Association.

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Management/Safety/Security is SynonymousAnalysis of the operational ramifica-tions surrounding a lawsuit often center on the technical aspects. For example, did the shower floor tile used have an acceptable coefficient of friction5 for the intended use? Or, were the doors’ locks of a suitable design to prevent entry using a credit card or small flat tool? These issues are what some may point to as the normal standard of care.

Another example is where a bartender serves alcohol to an already intoxicated patron who ironically happens to be an off-duty restaurant employee. Then, the employee/patron assaults another cus-tomer. Was the consumption of alcohol, its causes and effects, the root of the problem?

In the bar assault, did the operator vio-late the industry standards of care and conduct associated with employees and

Over 30 years ago, if you were to purchase tubs or tile for bathrooms, one usually had to specify a non-skid material or treat it yourself (i.e., apply non-skid strips). As the number of people who traveled and stayed in hotels and motels increased, more incidences of slips and falls were re-ported. Managers and operators became more aware of these potential problems, particularly the franchisors. Then, many chains and rating organizations3 started requiring the shower and bathing areas to be slip-resistant to qualify for accep-tance into their system.

Another more recent example concerns door locks to hotel/motel guestrooms. Many incidents get reported involving break-ins or unauthorized access to trav-elers’ rooms resulting in robbery, rape, murder, and other assaults. Witness the media reports the last couple of years publicizing security and safety problems. Often, missing keys are the culprits because control is inadequate

or on-site personnel are unable to change door locks regularly. Then, room keys, either duplicates or masters, end up in the hands of unauthorized per-sons. In response to this dilemma, many hotel/motel and resort properties have begun replacing their mechanical lock-sets with electronic door hardware. The newer devices, although around for over 15 years, can minimize tampering while automatically updating and re keying access. This occurs upon the check-in or check-out of each person renting a room. Several chains started mandating that licensees, to maintain their fran-chises, upgrade with electronic access to guestrooms.4 It is not a universal custom and practice to use the newer technology yet, but is quickly becoming one. Still, the acceptable standard of care throughout the lodging industry is to prevent unauthorized entrance into guestrooms. This can be accomplished through adequate front desk, mainte-nance, security and control procedures.

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1. Neither the American Hotel & Motel Association or National Restaurant Association, the nation’s largest hospitality industry associations, mandate specific standards of care for their members.

2. Regulatory agencies and laws such as the Americans with Disabilities Act (ADA), Occupational Safety & Health Administration (OSHA), and local health departments dictate minimum standards in some but not all health and safety situations.

3. American Automobile Association (AAA) Lodging Listing Guidelines now require that a member property’s guestroom bath-room be equipped with a shower, tub, or combination tub and shower with a “non-slip surface or suitable non-skid device.”

4. In 1994 and 1995, several hotel/motel chains and franchisors began requiring franchisees to install electronic door hardware for existing mechanical lock-sets, to comply with changing minimum standards.

5. American Society for Testing & Materials (ASTM) performs tests that manufacturers use to decide the appropriate coefficient of friction ratings for tile and other floor surfaces used in commercial bathrooms.

guidelines and universally accepted prac-tices do not always exist. For example, you might not expect a small country inn to patrol its parking lot at night. Yet, at high-volume nightclubs, employing se-curity staff or door personnel to perform such duties is often the norm.

The diverse operations, different facility layouts, market locations and personnel duties require that one examine each situation individually. Where negligence is an issue, such as deciding whether a manager or operator acted within reasonable and ordinary operating stan-dards, custom and trade practice may be more discernible. As a result, the ex-pert witness needs to review each case separately with the approach of taking each element of the case and situation into consideration in order to provide feedback in an arena where standards of care are often the evolution of industry customs and trade practices.

customers in a restaurant/barroom set-ting? Do hospitality employers hold their off-duty employees to a higher standard of care when associating with patrons on the premises? The burden of responsibil-ity of whether it is equipment safety or secure operation usually falls within the hotel or restaurant on-site responsibility. Management, including owners and oper-ators, provide most aspects of day-to-day supervision, control and administration that directly affect safety and security. This is the link between most acceptable standards and customary practices. The exception to these circumstances might be liability issues surrounding certain manufactured equipment and products.

Some Rules of ThumbIn the hospitality business, the standard of care is not easily identified. Franchisor inspections’ requirements, national rat-ing organizations, and historical practice are good indicators. Still, comparable

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Message from Our Executive Director:LEADERS STEP UP. FEWA MAKES STRIDES.

By Kerry Parker, CAE

2014 was a transformational year for FEWA and its mem-bers in many important ways. FEWA grew not only in the

number of members, but also in the number of activities de-signed to be of direct benefit to members.

As an organization of approximately 500 expert witnesses and consultants with distinct backgrounds and specialties, FEWA has leveraged its diverse membership to further develop refer-rals, strengthen networking, and spread greater awareness of members’ skillsets to prospective clients nationwide.

Some very dedicated members have stepped up, not only to experience the value of participation, both personally and professionally, but also to positively advance FEWA for the benefit of all members. Working together they initiated and spearheaded several activities designed to help all members grow their practices.

Here are some highlights of the great strides being made:

Developed New CredentialAdam Minow and John McReynolds are co-chairing the development of a brand new professional credential for the field – the Certified Forensic Litigation Consultant (CFLC) – awarded to qualified FEWA professional members. The CFLC is

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for networking, referrals, and strategic partnerships. This popular event is being held April 23–25 at the Westin San Diego, and is on course to be a benefi-cial and well-attended gathering of top consultants in all fields and disciplines.

Connected Members Locally Also leading the path to success are chapter presidents and chapter board members across the country who are producing some outstanding outcomes as follows:

▶ The Arizona Chapter hosted the most total meetings (9).

▶ The Chicago Chapter dinner meeting was described by a pro-spective member as “one of the best events I have ever been to by any Association.” The Chicago Chapter successfully offered CLE/CPE credit at the majority of their meetings, with over 7 hours of credit provided in 2014.

an acknowledgement of education and experience in the field of litigation-relat-ed support and consulting.

Enhanced Outreach to Attorneys and Bar AssociationsEdward Priz is leading a new Bar and Public Relations Committee raising awareness about FEWA as a resource to attorneys seeking forensic consultants and experts, and promoting FEWA and its members as the “gold standard.”

Bolstered the Membership Ranks Steve Murow is leading the Membership Committee in promoting and building the value of FEWA membership both inter-nally and externally. Now with a growing number of new member applications received and reviewed monthly, FEWA is poised for further growth. The Committee is also implementing an ambitious plan that includes delivering expanded bene-fits to help FEWA members gain visibility and grow their practices.

Streamlined Operations Leaders invested their time in strength-ening the foundation of FEWA and this will serve the organization well into the future. Joe Quilici, chair of the Governance Committee, has helped lead the charge to update FEWA’s by-laws, policies, and procedures. Susan Henry, treasurer and chair of the Finance Committee, focused on improv-ing financial reporting and budgeting, toward the goal of improving financial stability. Combined, these efforts are serving to ensure that FEWA stands on solid footing as it moves forward.

Strengthened the Education ProgramsCo-Chairs Allan Kleiner and Mike Wakshull are at the helm of 2015 Annual Conference, one of the best opportunities for members to enhance the knowledge and techniques required to perform in an effective manner, and to benefit from unique opportunities

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Participation Produces Benefits: All members are invited to take full advan-tage of their membership by actively participating in FEWA. To express your interest, feel free to contact FEWA at: ExecDir@Forensic.org. We look forward to your participation!

▶ The Dallas Chapter had the highest average turnout of attendees (28).

▶ The Houston Chapter had the highest average profit per meeting.

▶ The Los Angeles Chapter attracted 11 prospective members to attend their September dinner, where at least one prospective member has applied so far as a direct result of being impressed with the value of chapter meetings.

▶ The Northern California Chapter brought in the most revenue.

▶ The Orange County Chapter has two local board members serving as co-chairs for National FEWA Committees.

▶ The San Diego Chapter has had an average of 42% of the membership attend each meeting in 2014, and allows prospective members to attend their first chapter event at no cost.

Want to stay updated on FEWA? Follow us on LinkedIn!This online outlet furthers FEWA’s commitment to being part of the larger legal community, connecting with other organizations and legal professionals with shared specialties or needs.

FEWA Twitter:www.twitter.com/WitnessAssocFollow FEWA on Twitter to receive quick, timely updates on news and information of interest.

FEWA LinkedIn: Search Forensic Expert Witness Association to connect with FEWA on LinkedIn. FEWA offers the benefit of remaining connected on a local level through our Chapter’s LinkedIn Groups. Connect today! We will be using our member-only LinkedIn groups to post potential jobs and opportunities, as well as inform our membership about upcoming events and announcements. Be sure to stay informed and connect with us!

Get Involved with FEWA!Raise your hand and get involved. There is no better way to expand your network and build your referral base. To learn more about getting involved with your local Chapter or FEWA National Committee, contact the National Office at execdir@forensic.org.

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DallasPresident, John Walsh

▶ Thursday, March 26 6:00pm“What Juror Want From Expert Witnesses: Tips From A ‘Texas Best’ Jury Consultant” with Kacy Miller Learn More & Register

HoustonPresident, John McReynolds

▶ Thursday, April 29 8:00amAll Day Workshop Learn More & Register

ArizonaPresident, Brad Taft

▶ Wednesday, April 14 12:00pmBusiness Development: Rainmaker Learn More & Register

ChicagoPresident, John Levitske

▶ Thursday, May 7 5:00pm“The Role of Experts in Administrative Hearings” with Professor Allen Shoenberger Learn More & Register

ChApTER EvENTSYour local connection to knowledge, resources and networking

Florida (In-formation)President, Jack Townley

Los Angeles President, Erik Laykin

Northern California President, John D’Andrea

▶ Wednesday, April 8 6:00pm“Arbitration: What All Experts Should Know” with Honorable Rick Flier Learn More & Register

Orange County President, Steve Murow

San DiegoPresident, Glen Winn

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Green shared business development prin-ciples and strategies that have contributed to the success of her consulting practice and facilitated an excellent discussion among the attendees on best marketing practices for experts and attorneys. The Arizona Chapter had a successful

Chapter News Update:

ARIzoNAThe Arizona Chapter started off the new year by hosting two well-attended meet-ings in January and February. On January 21, a panel of distinguished Phoenix attor-neys discussed Defining and Managing the Interface Between Lawyers and Experts. Moderated by Bill Acorn, owner of Acorn Consulting Services and an Arizona FEWA Chapter Board Member, the panel consisted of Myles Hassett of The Hassett Law Firm P.L.C. and James S. Rigberg of Dickinson Wright, who presented a num-ber of issues relating to the management of communications between attorney and experts. The February 18 meeting featured a pre-sentation on Building and Sustaining Revenue Over the Long Haul by Marnie Green, principal consultant of Management Education Group, Inc., a leading leadership development firm. Ms.

March 18 meeting with a presentation on Do’s and Don’ts of Expert Witnesses from the Point of View of Attorneys and Experts by Laura M. Kam, Of Counsel at DLA Piper in Phoenix, and Rory O’Farrell, owner of O’Farrell Consulting Services, Inc. of Tucson and an Arizona FEWA Chapter Board Member.

FEWA’s Webinar Series Continues in Q2!New in 2015, FEWA is offering webinars, free to members. Save the date for the following webinars, free for FEWA members:

Thank you to Mike Wakshull who presented the first FEWA webinar, “Will Courtroom Bias Cost You Your Next Case?” Login to your profile to watch the presentation and download the slides if you missed it!

Do you have a presentation you would like to do a webinar on with FEWA? Let us know by contacting National Office at ExecDir@forensic.org

“How to Prepare for an Aggressive Cross Examiner at Deposition and Trial”Presented by Rudy Robinson III, MAIThursday, May 7 1pm PST / 4pm ESTRegister Here

“Daubert” Presented by EJ Janik, CFE, CFF, CPAThursday, June 4 1pm PST / 4pm ESTRegister Here

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will give a presentation on “The Role of the Expert in Administrative Hearings.” Continuing education credits will be available to attendees.

Chapter News Update:

hoUSToN January Workshop

The Houston Chapter’s January workshop at Café Adobe attracted 20 attendees for a presentation by David

Funderburk, partner with the firm Funderburk and Funderburk. The pro-gram was titled, “You Can’t Handle the Truth!” where Mr. Funderburk relayed a number of real-world case examples where experts strayed from their stan-dard of care, including one situation where an ill-planned reenactment of a fatal accident scene resulted in another fatality.

Chapter News Update:

ChICAgoThe Chicago Chapter has been doing its best to stay warm and busy, and hopes that that is the case for everyone else! In January we had the honor of hosting Judge Diane P. Wood who gave a presentation to about 20 attendees about Daubert rulings and qualifying an expert. Her presentation was very infor-mative, including how to qualify oneself as an expert witness, and the value of an expert witness statement. According to Judge Wood, the sitting judge must review to see if the expert has done “the work” but is not in a position to give a credibility decision. This is left up to the jury. The responsibility of the District Judge is to serve as a “gate keeper” of sorts in deciding whether the special-ized knowledge of the expert merits admission. She then gave ten different examples of expert reports that either

were considered in or out of evidence and why; and expert reports that didn’t actually address the issues specific to the case on hand.

In the beginning of March we had a suc-cessful meeting with attorney Marvin A. Tenenbaum, Senior Vice President and General Counsel of the Berkeley Research Group, LLC. Mr. Tenenbaum presented on expert reports and Daubert, and relayed how to deal with prior expert testimony. He was able to give invaluable insight considering his experience and all who attended bene-fitted by having the opportunity to ask questions and learn more in an intimate setting.

We are looking forward to seeing you at our Thursday, May 7th meeting to be held at Lloyd’s Chicago. We will have the honor of hosting a presentation by Professional Allen E. Schoenberger of Loyola University School of Law. He

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Chapter News Update:

NoRThERN CALIFoRNIA The Northern California Chapter has had an exciting beginning to their year with monthly meetings. In February, the Chapter hosted a moderated, interactive panel discussion with veteran experts. The experts responded to meeting at-tendee’s inquiries regarding topics such as networking with attorneys, obtaining and expanding business leads, expert fees, lucrative and interesting niches, and efficient and risk adverse business practices. This meeting format was largely successful, and the Chapter is looking forward to additional meetings of this sharing format.

Learning ExperienceThe Houston Chapter seeks to excel in the primary objectives of the Forensic Expert Witness Association which involve training and networking expe-riences for both seasoned and aspiring expert witnesses as well as attorneys who work with witnesses. Since 2012, Chapter Meeting presentations have been prepared to meet the continuing legal education (CLE) requirements of the State Bar of Texas. Most presentation topics are also recognized by the Texas Board of Professional Engineers for continuing education credit. All of the programs are eligible for credit toward the FEWA Certified Forensic Litigation Consultant (CFLC) certification.

April All-Day WorkshopOn April 29, the Houston Chapter will present their annual all-day workshop. Special guests will include Kim Stith, the vice presi-

dent and assistant general counsel of the Houston office of Waste Management, and a former attorney with Bracewell and Giuliani. The event will also be featuring local district and appellate judges, an ADR specialist, and other special guests. Breakfast and lunch will be served.

June Workshop On June 25, the Houston Chapter’s workshop will feature attorney Joshua Mermis, partner with the firm Johnson, Trent,

West & Taylor, LLP. Mr. Mermis handles litigation in several fields of law and has the impressive honor of having been named a Texas Rising Star three times by Texas Super Lawyers Magazine.

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Know” When under oath, an expert must always be aware of his or her surround-ings. Conditions during deposition are different from those at trial. Attend the meeting to find out how to be a valuable expert during an arbitration.

Presenter Karl Molineux, Esq. is congratulated by past president of the Northern California Chapter

Mark Hunter.

issues relating to how experts are per-ceived by the various stakeholders in litigation, the realities of the litigation system within which forensic experts have to work, and how experts in liti-gation might be used to a better effect. Additional topics covered included:

▶ The definition of an expert, ▶ What attorneys look for when select-

ing an expert, ▶ Experts and the special master

process, ▶ The use of technology, ▶ Suggested improvements to the

system....And more.

The Northern California Chapter looks forward to seeing you at the upcom-ing Wednesday, April 8 meeting. The Chapter will feature retired Judge Richard (Rick) S. Flier who will present on “Arbitration: What All Experts Should

Veteran panelists from left to right: John D’Andrea, Real Estate Finance Expert; Martin Triano, Esq,

Litigation Expert; John Wallace, Commercial Real Estate Expert; Bruce Wapen, MD, Emergency Medicine Expert; and Patricia Fisher, Document

Examination Expert

FEWA thanks the veteran panelists and looks forward to more veteran panel sharing meetings.

On March 11, 2015, we had over 25 attendees join the monthly meeting to listen to leading construction defect attorney Karl Molineux who presented on “The Role of Experts in Litigation – Perception, Reality, and What Can Be Done About It.” Mr. Molineux addressed

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National OfficersPresident John LevitskeVice President Robert JamesSecretary Joseph QuiliciTreasurer Susan HenryImmediate Past President Steve Murow

National Board MembersArizona Chapter: Brad Taft, Scott Greene Chicago Chapter: John Levitske, Susan Henry Dallas Chapter: John Walsh, Jack Poe Florida Chapter-in-Formation: Jack TownleyHouston Chapter: John McReynolds, Robert James Los Angeles Chapter: Erik Laykin, Joseph Landolph Orange County: Adam Minow, Paul Gentosi San Diego Chapter: Glen Winn, Mike Wakshull Northern California Chapter: John D’Andrea, Joseph Quilici Executive Director: Kerry Parker, CAEChapter Alternates: Ed Priz (Chicago), Ray Yepes (Houston), BJ Hawkins (Los Angeles)

FEWA Past Presidents2014 John Levitske 2013 Steven Murow2012 Geoffrey Hichborn, Sr.2011 Jack Poe2009–2010 Geoffrey Hichborn, Sr.2008 Lyle E. Coe2007 Glenn Gelman2006 Mark McDonald2005 Glen Balzer2003–2004 Deborah Dickson2001–2002 Gerard Moulin2000 Mike Sanders1998–1999 Steve Gabrielson1996 –1997 Ivar Roth1995 Mel Friedlander, Founding President

2015 FEWA NATIoNAL boARd oF dIRECToRS The FEWA Newsletter is published by the Forensic Expert Witness Association, 575 Market Street, Suite 2125, San Francisco, CA 94105; 415.369.9614, www.forensic.org; Copyright 2015©FEWA.

The FEWA Newsletter is published to pro-vide association and industry information for the benefit of its members. FEWA does not endorse or recommend—other than those officially endorsed by FEWA—any individual or company that it mentions in its newsletter. Any business conducted is between the member and the individual or company.

Submitted articles remain property of the author and may not be reproduced from any FEWA publication in any manner without written permission from the author. Individuals seeking permission should contact the author directly. Any request directed to FEWA will be shared with the author for approval.

FEWA Mission & Purpose As Association of Consultants Providing Forensic Services, FEWA is dedicated to the professional development, ethics, and promotion of forensic consultants in all fields of discipline.