I. What the Validation Badge is and what it means
Issuance of a Validation Badge represents a nongovernmental credential which is intended to establish to a significantly higher degree of certainty than exists in its absence, that the possessor is a valid participant as an expert witness in their respective discipline in the judicial process. It does not signify that they are more or less qualified than any other expert witness, whether or not they possess the same credential.
The Validation Badge initiative is meant to address a recurring evil described in the Validation Badge initiative mission statement and gravitates towards objective assessment where possible. Given the considerable experience of the Validation Badge committee members with the litigation process as it plays out in practical terms, some measure of subjective assessment of background details which, where present, may cause distraction or create a materially increased risk that such factors may lead to admissible efforts of impeachment at trial, which if allowed by the court is likely to provide a distraction from the expert opinions that may be offered into evidence. Furthermore, the issuance, possession of the badge as such a credential may not be relied upon by third parties or construed to mean anything beyond what is specifically set forth in both the general terms of service of this website and the specific disclaimers which accompany and pertain to the badge.
The Expert Witness Exchange, LLC, as the issuer of the badge, assumes no liability whatsoever as to any third party, express or implied for direct or consequential damages of any nature.
II. Surrender of badge/cease of display upon non renewal/ suspension
A badge may be suspended for review for reasons set forth in the rules and criteria, which may be amended at any time the Validation Badge committee deems appropriate and recommends altered procedures and criteria, which may be adopted by The Expert Witness Exchange, LLC. No such suspension or non renewal should be interpreted as a statement of fact or opinion of the exchange relative to the suitability of the expert witness applicant or former badge holder as the case may be. Non renewal may occur in case of nonpayment, retirement, and any number of reasons which may be completely benign relative to the legitimate concerns that retaining attorneys may have about whether they are a valid participant in the judicial process within their field of expertise.
III. FTC compliance regarding not expressing or implying that EWE has endorsed them as an expert witness
The Expert Witness Exchange, LLC follows the administrative interpretation of laws issued by the Federal Trade Commission suggesting voluntary compliance with its guidance relative to Section 5 of the FTC Act( 15 U.S.C. 45), relative to the use of endorsements and testimonials in advertising and requires all users of its website as a condition to any display, quotation or reference to its content or services, including applicants for its Expert Witness Validation service and recipients of its “Validation Badge” to refrain from altering the meaning or removing mandatory links to disclaimer and explanations corresponding to such content nor use same as an advertisement or endorsement on its behalf in any way inconsistent with said FTC guidance.
IV. The representations made by Badge applicant’s concerning their CV and Validation Badge application process
No badge recipient or applicant may alter the meaning or implication of the credential being offered by The Expert Witness Exchange, LLC known as the “Validation Badge”. Possession of the Validation Badge should not be considered a substitute for sound business judgment and where deemed necessary by retaining legal counsel, independent inquiry and due diligence regarding their retained or opposing expert witness.
The Expert Witness Exchange, LLC compiles the information necessary to validate or exclude from validation any given badge applicant from a variety of publicly available sources (“third party information”). Although The Expert Witness Exchange, LLC puts forward what it deems commercially reasonable efforts to accurately report the third party information, it is not responsible for, and does not warrant accuracy of the third party information. The Expert Witness Exchange, LLC also does not warrant the quality or accuracy of any expert you may retain or oppose, and in accordance with all terms of service provisions, assumes no liability whatsoever for direct or consequential damages for relying on the same.
V. The possibility of subsequently occurring events which would or may disqualify a Badge holder from possessing same and the obligation of the Badge recipient to bring to the attention of the EWE Validation Badge committee promptly, but in no case longer than five business days
In accordance with rule and procedures, certain information may come to the attention of The Expert Witness Exchange, LLC that may result in the temporary or permanent suspension of the Validation Badge credential. By the terms of service and application, the Validation Badge recipient is responsible to bring such information to our attention and such information may come to our attention independently as well. In either case, we may suspend the Badge issuance and so note the Expert Witness Registry and corresponding expert witness profile. This is done in accordance with the adopted terms and conditions of The Expert Witness Exchange, LLC, and no further implication or meaning may be made other than the fact that there exists uncertainty as to whether the Validation Badge recipient is entitled under our rules and criteria to continue to possess said credential.
VI. The Renewal Badge applicant process and conditions
The applicant, if they desire to maintain current status upon annual renewal, upon interim update request, or as requested by a third party or The Expert Witness Exchange, LLC itself if it so desires, may perform the updating of validation and so note the registry and the expert witness profile involved.
VII. The interim request for re validation for matters which may have occurred between Badge issuance and the time of renewal
Interim requests prior to annual renewal may be undertaken as described above. In the case of third parties, the same fee will be charged as if it were the Validation Badge holder that made the request.
VIII. Validation methodologies and limitations
In many instances, the verification of data found in online databases depends on information received from third party sources and the reliability and comprehensiveness of some records are less than perfect. In addition, where direct response by an institution or former employer is requested, the accuracy of any information conveyed or withheld necessarily impacts the quality of the information received.
IX. Validation Badge Applicants have no judicially enforceable right to the issuance of a Validation Badge
A Validation Badge applicant, as a condition of applying, acknowledges that they have no recourse other than the internal administrative appeal provisions should their application be denied. This is so because the Validation Badge is a nongovernmental private entity which sets its own criteria and limitations for its products and services and no applicant is intended to have any property right or judicial standing necessary to challenge or compel the issuance or denial of a Validation Badge credential.
X. The adjudicative function of the Validation Committee
The Validation Committee members exercise discretion and intend a fair and factually supported decision about any issue before it in accordance with the rules and criteria which the Committee has adopted and may from time to time amend. The exercise of said discretion should not expressly or impliedly be considered a statement of fact. Rather, it is an opinion on the basis of sometimes incomplete or inaccurate third party information and whether that information should qualify or disqualify a given applicant from the issuance of a Validation Badge given the attendant circumstances that the Committee members may be aware of for its consideration.
XI. Other terms of service or conditions that apply
All other terms of service and policies of this website apply and are incorporated by reference as if set forth in full test. A link to same is located on this website under the heading “Terms of Service”.