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Articles by Dani Alexis Ryskamp, J.D.

Expert Witnesses and The Internet of Things: Assessing Product Liability in Smart Devices

The rise of the Internet allowed people to communicate with one another in previously unimagined ways. As digital communication became easier, so did the merging of networking tools into devices. The result was the Internet of Things (IoT), a network…

Posted on in Working with Experts

Class Action Lawsuits Over Meltdown and Spectre CPU Bugs

Intel, Apple, and AMD currently find themselves facing what may be the most far-reaching class action lawsuits of our time. The class actions all focus on two major security flaws, dubbed “Meltdown” and “Spectre,” which affect nearly all Intel processors…

Posted on in Litigation Monitor & News

10 Tips For Effectively Questioning an Expert Witness

Whether on direct or cross-examination, questioning an expert witness differs in key ways from questioning lay witnesses. The heart of expert witness testimony is the expert’s opinion and the reasoning behind it – as well as the need to contextualize…

Posted on in Working with Experts

The Rise of Cryptocurrency Litigation

As cryptocurrency has become more prominent in both digital and financial realms, it has also given rise to potential and actual lawsuits. Because cryptocurrencies cannot be separated from the digital platforms and coding that create and sustain them, legal battles…

Posted on in Litigation Monitor & News

Pennsylvania Court Orders Bayer, Johnson & Johnson to Pay $27.8 Million in Xarelto Damages

A Pennsylvania state court recently ordered Bayer AG and Johnson & Johnson to pay $27.8 million in damages for failing to warn users that Xarelto, a blood thinner made by the companies, could cause internal bleeding. The plaintiff in the…

Posted on in Litigation Monitor & News

What Should Your Expert Witness Bring to Their Deposition?

Part of preparing any expert witness for a deposition is discussing any items the witness should bring to the deposition. Expert witnesses typically have a great deal of leeway to bring items that help them organize, recall, and explain the…

Posted on in Working with Experts

The Current State of State Damage Caps

Because states have great latitude in whether, which, and how they cap damages, state laws on caps vary widely: Some states cap economic damages only, some cap non-economic damages only, some cap both, some neither. In addition, some states exempt…

Posted on in News

Are Non-Testifying Witnesses Protected by Attorney-Client Privilege?

In addition to the use of expert witness testimony at deposition and trial, many attorneys work with “consulting” experts who do not testify. Because the consulting expert’s participation and opinions can have a significant effect on the outcome of the…

Posted on in Working with Experts

Expert Witness Disclosure: The Who, What, When, and How of Avoiding Exclusion

  Both expert witnesses and the attorneys who retain them focus early on establishing the expert’s credentials, analytical approach, and opinions in order to survive a Daubert challenge or to persuade a jury. Before either of these steps occur, however,…

Posted on in Working with Experts

Electronic Health Records Increasingly Contribute to Malpractice Claims

Both the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) sought in part to improve medical recordkeeping. Both had the effect of encouraging “the adoption…

Posted on in Litigation Monitor & News