support, judgement calls for which I have responsibility • Logistical expertise and support – shipping, import/export, US, EU and Asian Customs, problem-solving in this realm • Interpretation of legally binding contracts for attorneys, from a technical practical POV • Soft skills – negotiation, persuasion, liaison, motivation, driver, leader, emissary between groups in conflict, facilitation of performance and legal fulfilment of contractually obligatory work What are the most difficult aspects of being an expert witness? The most difficult aspects come during the due diligence/initial deep dive into the case file – this is the period during which I have to use my side’s theory of the case and their version of the points of contention in order to determine whether or how I can get behind their position, in a way that does not compromise my expertise or integrity as a scientist. I have become very skilled at this in the last 9 years, but it is still far and away the hardest thing I have to do – listening closely to attorney and client, asking the right questions to nail down the theory of the case according to me, and then to devise and present a means of how this will be implemented in the form of an expert report, or other deliverable. What are the most interesting cases you’ve worked on? I present two, because they are interesting for very different reasons: Case 1 (my first case ever, in 2016) – Damages Phase for a Huge Blockbuster Drug I was on the side of the generics company looking to begin selling their drug 4-5 years in advance of patent expiration, Hatch-Waxman; opposing expert had a “platinum” CV, and I was very intimidated by that at first. Lead counsel told me to forget about that completely, they knew I was their guy, the best man for the job. Once I read the opposing expert’s report, I saw the enormous flaws and holes in his reasoning – he had been too far away from “hands-on” for too long, and his opinions and assertions reflected that. I read 150 manufacturing batch records and wrote my report within one month. My report settled the case. What made this report so interesting and compelling to me is that I had my first expert witness “Eureka” moment, in which the vision of how I would argue the validity of the client’s position, based purely on logic and facts. What made it so enjoyable was a requirement to theorize, based on my expertise and my understanding of the process in question, with regard to how long it would take the client to bring the process online, and in what timeframe. As a pharmaceutical development strategic and technical expert, it was a pleasure to sketch this out in sufficient detail and rationalize the results – I was then at the point in my consulting career where I was beginning the shift in consulting to long-range planning and fleshing out manufacturing strategy and implementation for client leadership, boards, and investors. It was a very rich, rewarding time, and the pleasure I take in doing my job in the industrial legal realm has only grown and aged exceptionally well. Case 2 – Wrongful Death of a Chemical Expert – Liability of the Insurance Company for Lost Earnings Dueue to Premature Death I was on the side of the widow. I was hired directly by the attorney representing her. I could not for the life of me understand why he wanted to engage my services until we spoke. The chemist was about to make the transition from executive at a vendor (API CDMO) to consultant. He was in his early 60’s, and 10-15 years of earnings as a consultant was a reasonable expectation. The trial was in a suburb of Toronto, Ontario, Canada. My report was very strong. However, when my turn came to testify, the opposing attorney challenged me, claiming I had no standing to testify in Canada about a Canadian consultant. The judge, who was biased against my attorney and for the defendant insurance company’s attorney, invalidated 2/3 of my report, base on the defense lawyer’s claim, so the testimony immediately became much more challenging. At a lunch break, the attorneys and I bought crackers and soda from the court vending machine, and holed up in a conference room, to formulate a plan. We came back into the courtroom, and I resumed my testimony, pushing the envelope as much as possible, right up to the limits of what the judge would allow, and I certainly traversed into WWW.LAWYER-MONTHLY.COM 37 I was strongly encouraged by my elders in the industry, who were, in fact, very successful expert witnesses, to position myself to accept this type of work based on what they knew about me and saw in me.
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