As many regular blog readers know, I have participated as an expert witness before. It is fascinating to share with our readers other epxert experiences as well.
Nonetheless, a number of issues relating to experts in securities cases have arisen over the last year. In particular, many cases involve the threshold question as to if it is possible for an expert to be qualified or opine on the customs and practices of financial institutions. There is case law across the United States that seems to indicate an uncertainty as to future court rulings. However, some courts have indicated that they will require an expert to possess a great deal of experience with these particular issues before qualifying said expert to testify.
As a result, those wishing to propose such an expert should ensure that they have the right qualifications and experience to testify.