American lawyer Fred Rispoli commented that the SEC has sought permission to file one omnibus motion.

On Twitter, American lawyer Fred Rispoli commented that the SEC has sought permission to file one omnibus motion. First of all, he noted:

Reminder: Deadlines are not changing, this is the «super-fast» expert witness motions we lawyers discussed months ago when the scheduling order came out. As you can tell, the motions will be staggering! Here’s a primer on expert witness motions, called «Daubert» challenges.

He further emphasized:

Expert witnesses are CRITICAL in this case (as they are in my med mal cases). You can destroy the opposing party by excluding or substantially limiting what the expert is allowed to testify about. Check link below, but TLDR these challenges are about..

…arguing an expert does not have necessary qualifications or methodologies to give the opinion he or she is seeking to give. As a practical matter, judges usually disfavor striking/limiting experts bc of the havoc it causes, but they will do it if the expert sucks. Now…

…you don’t spend $100M+ and chance an expert will be stricken.

@ripple will be fine but may suffer some minor hits. This is more just a huge danger zone for SEC. The Hinman emails and SEC losing big on its experts are Exits 1 and 2 for settlement IMO. Game on!

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