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Expert Witness
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Expert Witness
Top law firms will agree that there are times when evidence alone will not win a court case. It is at these times that a expert witness testimony is necessary to remove doubt from the minds of the jury.
With a staff of professionals with expertise in most industries, Kessler International is often called upon to serve as expert witnesses at court trials.
For example:
• Professionals from our High Technology Division have been used in many high profile cases where computer expertise was necessary.
• Staff from our Global Brand & Product Protection Division have been utilized in Federal, State and ITC cases in proving that diversion existed and how it was committed and have been called upon to testify as to how counterfeit rings operate and secured counterfeit merchandise.
• Our Forensic Accountants have served as expert witnesses in calculating losses and explaining discrepancies and various forms of illegal activity.
The list is much larger than space allows, but whatever the need we have been there to support our clients from the beginning of the investigation until the final resolution.
When deciding the strategy of any case, consider how strongly a jury values the words of an expert witness. Let us help make the final decision in the hearts and minds of the jury.
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1. A sales company alleged their contract was unjustly terminated and was suing our client, a hardware manufacturer. The experts at Kessler International were called in to review financial data and for expert witness support. Our experts reviewed the company’s financial statements and found that at the time of termination, the claimant company had falling sales and stocks. There were losses every year since the contract was signed and that by terminating the contract the claimant would actually save money. After a Kessler International expert presented this evidence in court the claimant abandoned the lawsuit.
2. A software company was being sued by a retail store, which claimed their exclusive rights to the software company’s products were violated. Our client, the software company said a contract was signed regarding distribution and sale of the products but clauses regarding exclusivity were non-existent. The researchers and investigators at Kessler International carefully examined the contract, reviewed the fine print, and noticed there was a highly interpretable clause. The retail store claimed the manufacturer overlooked the fine print and that the clause was binding. Our experts explained to the judge and jury the numerous interpretations of such a vague paragraph. Based on our witness testimony and the fact that the software company’s products were already distributed to other locations prior to the contract, the judge dismissed the clause and declared the contract null and void.
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