Want to know why the best experts rarely “win” a case—and why they still matter so much? We sit down with veteran estate and tax attorney and expert witness John Hartog to unpack the real value of expert testimony: confidence backed by facts, credibility that survives cross, and preparation that starts early enough to shape the entire strategy.

John traces his first expert assignment decades ago to what makes testimony persuasive now. We talk about the line between confidence and overconfidence, how an expert adjusts for a judge versus a jury, and why swagger reads as advocacy when a jury is listening. He explains why experts typically don’t decide outcomes—the facts do—but how a disciplined opinion can frame those facts so a fact finder sees them clearly. If you’ve ever waited until the eleventh hour to hire an expert, John spells out the hidden costs, from shaky disclosures to weakened confidence, and makes the case for bringing experts in early to guide discovery, strategy, and settlement leverage.

We go deep on credibility management: handling old articles and books that pop up on cross, distinguishing best practice from the standard of care, and staying consistent without being rigid when new facts or law emerge. John breaks down smart communication under differing discovery rules, especially in states where an expert’s entire file is discoverable. You’ll hear practical tactics—phone-first for substance, tight emails for logistics, screen sharing for drafts—and how federal versus state rules change report strategy. We also compare venues, from California courts to federal cases and even foreign jurisdictions that admit expert opinions on California law, and why local counsel should set guardrails when testifying elsewhere.

Across it all, one theme stands out: productive tension. Lawyers sharpen an expert’s opinion by challenging it; experts strengthen a case by flagging weak facts and untenable theories. That respectful friction is where durable, persuasive testimony is forged. If you work with experts—or are one—this conversation offers a clear roadmap for building opinions that hold up when it counts.

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In this episode . . .

Ever seen a brilliant expert lose a jury in five minutes? Credentials alone don’t win cases, and today, we’re unpacking why. We’ve brought together three seasoned voices to share what really matters when turning expertise into testimony that persuades:

• Erik Groothuis – Commercial Litigation Attorney and Arbitrator
• Mark McKenna – Professor at UCLA and Partner at Lex Lumina, LLP
• Kevin Hensley – Partner at Barton Gilman

From the first call to cross-examination, our panel dives into the traits that separate great experts from the rest: attention to detail, calm under pressure, and the ability to teach without talking down. You’ll hear why early involvement can save cases from brittle theories and missed evidence, plus the vetting checks these attorneys use to spot credible practitioners versus “for-hire” opinion mills.

We also tackle the messy middle: how much material to share, why oversharing beats ambushes, and the value of starting experts on a consulting basis to preserve candid feedback. The conversation compares venue demands across state, federal, arbitration, and specialized courts, with practical prep tips and mock exam strategies that build confidence. We explore tricky scenarios: when a related specialty is enough, when it falls short, and how cross-examination can expose those gaps.

One message runs through the conversation: great experts combine deep knowledge with clear communication, and great lawyers welcome early challenges to sharpen their case strategy. We wrap up with actionable advice experts can use today: be responsive, avoid surprises, align your schedule with court timelines, and think like a teacher.

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Media standoffs don’t start in a courtroom—they start at the negotiating table where content owners and distributors wrestle over price, reach, and leverage. We invited Howard Homonoff, senior advisor in media and entertainment, longtime dealmaker, Forbes columnist, and adjunct professor—to unpack how those high-stakes negotiations evolve into legal disputes and what great expert work actually looks like when the lights come on.

Howard traces his path across both sides of the aisle, from acquiring channels for operators to defending brands at networks, and explains why that “Switzerland” perspective is gold when neutrality matters. We get specific about vetting: how attorneys assess fit and performance, how experts run conflict checks that catch hidden ties, and how a deep public record—columns, talks, interviews—can build credibility while also arming cross-examiners. He shares a simple rule for depositions that saves careers: answer the question and stop.

If you care about media law, distribution strategy, expert testimony, or arbitration, this conversation delivers practical playbooks and hard-won lessons. Enjoy the episode, share it with a colleague, and if it helped you think sharper about expert work, tap follow and leave a quick review—we read every one.