Expert Witness Profiles and Vetting
Attorneys regularly retain IGI to profile opposing counsel’s proposed expert witnesses. In these engagements, we perform in-depth and wide-ranging probes to identify issues in the witness’s professional or personal life that are potentially disqualifying, or which could impugn the witness’ credibility or reflect negatively on his or her perceived judgment or character. We look for – and often have found – material omissions misrepresentations and exaggerations in an expert’s curriculum vitae; discrepancies or inconsistencies among different versions of an expert’s resumes or bios; and business, personal or professional ties or activities that could constitute a conflict of interest on the part of the witness. Similarly, we search for statements in the expert’s previous testimony, publications or presentations that could suggest bias, or which may contradict the witness’ expressed opinion in the instant litigation.
We are often tasked with taking these same steps to vet our client’s own expert witnesses, to mitigate the risk of embarrassing or potentially catastrophic surprises at trial.
- IGI’s client, a medical device manufacturer, and its CEO were indicted in federal court on felony criminal charges, over allegations that their sales reps promoted “off-label” use of its FDA-approved treatment kit. After trial, the company and its CEO were exonerated when the jury acquitted on all counts. Working for attorneys representing the company, IGI’s investigators developed in-depth background profiles of more than 20 government fact and expert witnesses, often on short notice. IGI’s investigations uncovered information that impeached the credibility of certain key government witnesses or otherwise undermined their suitability as witnesses, such as undisclosed criminal convictions, misrepresentations and omissions on résumés, controversial or embarrassing social media postings, and false or self-incriminating statements or representations made in other cases and records. The client’s counsel credited IGI’s reporting for having contributed to their success at trial by informing their strategic decision-making and their cross-examination of witnesses.
- IGI assisted a concert promoter who was a defendant in a wrongful death lawsuit brought by the estate of a high-profile musician, seeking tens of billions of dollars in damages. In support of our client’s lawyers preparing for trial, IGI investigators uncovered and reviewed voluminous records, identified and interviewed witnesses, prepared in-depth profiles of dozens of fact and expert witnesses expected to be called by the plaintiffs, and discovered, developed and documented exculpatory facts and issues to be presented to the jury. Our investigative work contributed to our client’s victory at trial, where the jury found the client not liable for the musician’s death.