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PURPOSE
This web site contains information on choosing an expert witness and the technical issues of fiber optic lawsuits. The purpose of this information is to simplify an attorney¹s evaluation of the technical support that Pearson Technologies Inc. can offer. This information is of four types:
Ø Understanding of the technical position that will support the legal position
Ø Evaluating the challenges the opposition may make to the experience and knowledge of the technical expert
Ø Evaluating the benefits of all expenditures
Ø Types of lawsuit experience
We add material to this site at least every other week. To stay current, you should bookmark this site and visit it frequently.
OUR PURPOSE
As you read the information herein, you will appreciate the
talents, knowledge and skills of Pearson Technologies Inc. With this
appreciation, you will contact
Pearson Technologies Inc. when your firm or your company decides to proceed
with a lawsuit.
You will benefit by applying our 27 years of experience to
your lawsuits. Like our
clients, you will receive the benefit of this extensive and diverse
experience.
Technical statements
support Legal position
All Pearson Technologies legal work starts with this
question: what is the strongest technical statement you would like Pearson
Technologies Inc. to make? We do not guarantee to make this statement. However,
with an understanding of the attorney¹s perception of the technical goal, we
can assess how well the technical aspects of the case support the legal
position. If the technical aspects adequately support the legal position,
Pearson Technologies Inc. can support the legal position. Otherwise, Pearson
Technologies must decline the business opportunity.
We expect that the opposition will challenge our position as an Œexpert¹. Prior to being retained, we consider the strengths and weaknesses of our knowledge, experience, and understanding of the relevant technical issues. If we have significant strengths, Pearson Technologies will agree to provide support. (In one case, the opposition acknowledged our expert position and indicated no intention to present such a challenge.)
If there is an aspect of our knowledge, experience, and
understanding that can be perceived or portrayed as a significant weakness, Pearson
Technologies will identify this aspect for discussion. In initial discussions
with one potential client, we identified such an aspect, only to have the
potential client agree and decide to seek technical support from a different
source. In this case, we believed that we could provide some support for the
legal position. While we regret losing business, it is in both our best
interests to proceed in a manner that maximizes the probability of victory.
In most of our lawsuit consulting, we have the strengths to provide technical support. In some, we have identified an aspect that the opposition might perceive or portray as a Œweakness¹. In such cases, we formulate a neutralizing response to such a challenge.
Prior to undertaking any action to develop support for a
legal position, we predict the possible outcomes. We determine the level of
support that all such outcomes will provide. When the outcomes do not provide
significant support, we recommend against such action. While we appreciate
increased income, such expense must provide a benefit to the client. In
addition, this benefit must be proportional to the expense. In previous cases,
we have recommended against activities that would have increased our income but
provided a disproportionate benefit to the case.
We have the following experience, with lawsuit type, the side we represented, and outcome:
ü Product
liability, product failure after installation, plaintiff, case won
ü Installer liability, failure of product during installation, defendant, case settled out of court
ü Patent infringement, defendant, case settled out of court
ü Patent
infringement, plaintiff, case settled out of court
ü Damage
assessment for insurance purpose
ü Damage assessment for liability, plaintiff, case dropped
ü Product liability, product failure after installation, plaintiff, case dropped, time limit expired
Our knowledge, understanding, and experience enable our support in the following areas:
1.
Optical fiber, properties and manufacture
2.
Optical cable, properties and manufacture
3. Optical connectors, properties and installation
4. Cable routing hardware
5. Installation
6. Network and system design
7. Testing
8.
Reliability
"Mr. Pearson's understanding of fiber optics technology
and processes, from cable production to operation of the communications system
was an important part of litigation preparations. A great deal of effort and
expense was saved by being able to identify the real issues while disregarding
dead-end leads. Mr. Pearson was able to educate and guide counsel through
technical subject matter under unique circumstances." Attorney client
[name withheld by request]
³Eric Pearson served as an expert in a caseŠ Mr. Pearson was
one of the very best experts I ever worked with. His response time was
extraordinary. Not only did he have an obvious sophisticated understanding of
the technical issues involved with fiber optic networks, but he was also able
to communicate his understanding of the facts and his opinions in a way that a
layperson could easily understand. During his deposition, Mr. Pearson listened
carefully to the questions being asked by opposing counsel and gave thoughtful,
concise responses.
I found Mr. Pearson¹s time and fees to be very reasonable,
and he understood the economic ramifications of his work and billing to my
client. Finally, I would add that Mr. Pearson¹s opinions remained consistent
throughout the litigation, a predictability that is a true asset with an
expert. I would strongly recommend Mr. Pearson as an expert.² Attorney client
[name supplied upon request]
Other resources
Information on fiber optic
communications
Information on Pearson Technologies Inc.
Information on
Eric R. Pearson, CPC, CFOS
The Easy Way To Evaluate Technical support
Contact Pearson
Technologies Inc. to benefit from our 27 years in fiber optic communications.
27 Years of
Superior Fiber Optic Services
© Pearson Technologies Inc.,
800-589-2549, www.ptnowire.com
7/5/06 6:01 AM