Partner Brian Heberlig and associate Galen Kast wrote an article that appeared in The Recorder, "'United States v. Lynch': Challenges and Strategies for Defending Against Government Experts Used in Lieu of Percipient Witnesses." The article discusses the US government's strategy in United States v. Lynch, an accounting fraud case relating to Hewlett Packard's $11.7 billion acquisition of British software company Autonomy, in which former Autonomy CEO Dr. Michael Lynch was acquitted of all charges. Rather than asking percipient witnesses about many of the allegedly fraudulent transactions, the government introduced entire allegedly criminal acts under the guise of expert testimony. Despite this approach, the defense successfully rebutted the expert testimony, leading to acquittal. The case illustrates the potential limitations and appeal opportunities that can arise when expert testimony is used in lieu of witnesses with first-hand knowledge, and highlights how defense counsel can turn such testimony to their advantage.
In the piece, the authors write: "While no strategy guarantees victory, the Lynch trial reinforces the power of repeatedly highlighting for both the judge and jury the limitations of expert testimony, and to the judge, its potential for appeal and reversal."
Steptoe LLP represented Dr. Mike Lynch during the trial.
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Read more about the trial on our website.
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