Who Should Order Homestudy

For anyone involved in the use of expert witnesses, including litigators, consultants, in-house counsel and corporate case managers.

Why Order

In Daubert v Merrell Dow Pharmaceuticals (1993), the Supreme Court held that the Federal Rules of Evidence establish a liberal standard for the admissibility of expert testimony. Trial judges are given considerable discretion in applying the rules to expert testimony proffered in a case. As expert testimony by economists and accountants has grown in importance, so too have efforts to challenge and disqualify experts. This seminar will address the most significant strategic and tactical issues related to the use of economists and accountants as expert witnesses in light of current standards. Presentations will include a statistical analysis of relevant decisions, steps that can be taken to minimize the likelihood of a successful challenge, and the perspectives of lawyers and experts who have been involved in challenging and defending motions to exclude expert testimony.

What You Will Learn

- Current Developments & Evolving Standards for Economic and Accounting Experts - Choice of Forum (to the extent you have one): What is the most Favorable Venue? - Initial Analysis & Planning: Choosing the Expert and Getting Started - Document Retention - Lessons Learned from Problems with Expert Testimony In Specific Types of Cases - Pretrial Tactics: Discovery & Depositions - Taking and Defending Expert Depositions - Presenting and Challenging Expert Testimony - The Experts’ Role in Summary Judgment

Agenda
Credits
Cost
Faculty Bios
Firm Links
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Agenda

8:00 am	Registration & Continental Breakfast
Thursday, November 04, 2004
8:30 am	Introduction and Overview
	John R. Foote, Esq., Program Co-Chair Thelen Reid & Priest LLP / San Francisco, CA
8:45 am	Current Developments and Evolving Standards for Economic and Accounting Experts
	Lawyer and expert witness perspectives on the new standards emerging after Daubert and its progeny; situations in which economists have been disqualified (qualifications, methodology, etc.) and challenges that have been denied;
	Mark P. Berkman, Ph.D., Vice President Charles River Associates Incorporated / Oakland, CA
	David G. Meyer, Esq. Howrey Simon Arnold & White LLP / Los Angeles, CA
10:15 am	Break
10:30 am	Choice of Forum (to the extent you have one): What is the Most Favorable Venue?
	Differences in how Federal Courts apply Daubert
	Karen I. Boyd, Esq. Fish & Richardson PC / Redwood City, CA
	Making the decision - State Court v. Federal Court and jury or judge: What are the key factors and best decision making processes
	Jessica L. Kirkpatrick, J.D., Senior Trial Consultant Juryscope, Inc. / Greenbrae, CA
12:15 pm	Lunch
1:30 pm	Initial Analysis and Planning: Choosing the Expert and Getting Started
	Determining the need for an expert; putting the economic issues in the context of the claim (lost earnings; antitrust violations; infringement of Intellectual Property rights; securities law violations; etc.) and business objectives;
	John P. Hutchins, Esq. Troutman Sanders / Atlanta, GA
	Ryan M. Sullivan, Ph.D., Principal Bates White LLC / San Diego, CA
3:15 pm	Break
3:30 pm	Document Retention
	Michael K. Dunbar, Vice-President Intecap, A Subsidiary of Charles River Associates, Inc. / Mountain View, CA
4:00 pm	Lessons Learned from Problems with Expert Testimony in Specific Types of Cases
	Antitrust Suits
	Gregory K. Leonard, Ph.D., Vice President NERA Economic Consulting / San Francisco, CA
	Infringement of Patents and Other IP rights
	Michael A. Morin, Esq. Finnegan Henderson Farabow Garrett & Dunner LLP / Washington, DC
	Violations of Securities Laws
	Robert E. Schaberg, Esq. Shartsis Friese & Ginsburg LLP / San Francisco, CA
5:30 pm	End of Day
Friday, November 05, 2004
8:00 am	Registration & Continental Breakfast
8:30 am	Introduction
	Padmanabhan Srinagesh, Ph.D., Program Co-Chair Charles River Associates, Inc. / Palo Alto, CA
8:45 am	Pretrial Tactics: Discovery and Depositions
	What does a damages expert find useful, and what is its relevance to preparing supportable IP damages calculations? Making sure lawyers understand the economic data that is important
	Catherine F. de Madrid, Director Navigant Consulting / San Francisco, CA
9:30 am	Taking and Defending Expert Depositions
	Strategies, tools, methods
	Brian C. Park, Esq. Dorsey & Whitney LLP / Seattle, WA
10:15 am	Break
10:30 am	Challenges to Expert Testimony
	The most effective procedures and tactics for challenging an expert and defending against a challenge
	Robert J. Goldman, Esq. Fish & Neave / Palo Alto, CA
	Robert E. Hall, Ph.D., Professor of Economics & Senior Fellow Stanford University / Stanford, CA
	Bruce F. Deal, M.P.P., Managing Principal Analysis Group, Inc. / Menlo Park, CA
12:15 pm	Lunch (on your own)
1:30 pm	The Experts’ Role in Summary Judgment
	Are opinions of expert sufficient to raise a triable issue of fact?
	Matthew H. Poppe, Esq. Orrick Herrington & Sutcliffe LLP / Menlo Park, CA
2:15 pm	Break
2:30 pm	Presenting Expert Testimony
	For the testifying expert: Developing approaches, analogies, and visual aids that lay people can understand; how do jurors view experts?
	David Vanderport, Litigation Consultant FTI Consulting, Inc. / Englewood, CO
	For the lawyer sponsoring the expert: Presentation sequences and other tips for effective communication
	Robert E. Freitas, Esq. Orrick Herrington & Sutcliffe LLP / Menlo Park, CA
	For the lawyer cross-examining the expert: Determining which approaches are likely to work and which are likely to backfire
	Roderick A. McLeod, Esq. Jones Day / San Francisco, CA
4:00 pm	Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: CA MCLE 13 | GA CLE 12.5 inc 6 trial | MT CLE 12.5 (#5915) | NY CLE 15 (0 ethics; nontransitional) | OR CLE 13.5 (#2104*211) | TX CLE 12.5 (#000069623) | WA CLE 12.5 (#125977)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Agenda
Credits
Cost
Faculty Bios
Firm Links
Order

Faculty Bios

John R. Foote, Program Co-Chair, a partner with Thelen Reid & Priest LLP has extensive experience coordinating and working with other counsel throughout the United States as national coordinating counsel for the defense of complex insurance coverage cases involving pollution liability.

Padmanabhan Srinagesh, Ph.D., Program Co-Chair, is a Principal with Charles River Associates, Inc., is an expert on telecommunications economics and the evolving and expanding role of the Internet in telecommunications. He has filed declarations with the European Commission and the U.S. Department of Justice analyzing the impact of the MCI-WorldCom merger on the market for Internet backbone services, and with the Department of Justice on the SBC-Ameritech and GTE-Bell Atlantic mergers.

Mark P. Berkman is a Vice President at Charles River Associates Incorporated specializing in the application of economics to environmental, energy, intellectual property, antitrust, labor, and public finance matters. Dr. Berkman assists clients in complex damage and liability cases involving patents, trade secrets, and trademarks.

Karen I. Boyd is a partner with Fish & Richardson P.C. where her practice emphasizes patent litigation, with a particular emphasis in the biotechnology and pharmaceutical arts.

Catherine F. de Madrid is a Director in Navigant Consulting’s San Francisco office. Ms. Madrid has experience in both IP damages analysis and IAM consulting. Her IP dispute work has involved various lost profit and reasonable royalty analyses. Her IAM work has included a variety of strategic and tactical areas, including commercialization analysis, portfolio mining, technology scoring and licensee identification.

Bruce F. Deal, a Managing Principal with the Analysis Group, has served as an expert in various insurance, valuation, and commercial damages matters, and has testified in deposition, trial, and before the Federal Trade Commission. He has directed the economic and financial analyses for major litigations, including large insurance class action litigations, insurance coverage litigation, antitrust cases, and commercial damages cases.

Michael K. Dunbar, a Vice President at InteCap, specializes in the valuation of patents, trade secrets, trademarks, copyrights, and other intellectual capital. He has done IP valuation for the music, Internet, computer, telecom, and biomedical industries.

Robert E. Freitas, a Silicon Valley intellectual property and litigation partner with Orrick Herrington & Sutcliffe LLP, focuses his practice on intellectual property litigation, insurance coverage claims and litigation, antitrust law, and complex litigation.

Robert J. Goldman is a partner in the Palo Alto office of Fish & Neave where his practice focuses on IP litigation and counseling. He is also a lecturer in Patents and Patent Litigation at Stanford University.

Robert E. Hall is the Robert and Carole McNeil Joint Professor of Economics at Stanford University and Senior Fellow at Stanford’s Hoover Institution. Professor Hall has advised a number of government agencies on national economic policy, including the Treasury Department, the Justice Department, and the Federal Reserve Board.

John Hutchins, a partner with McKenna Long & Aldridge LLP, practices in the area of commercial litigation. He has served as lead trial counsel for plaintiffs and defendants in jury trials in federal and state courts and arbitration proceedings, handling a wide range of commercial disputes across the country. He has substantial experience in litigating disputes arising from the use of information technology and intellectual property, including computer hardware and software development disputes, government procurement disputes, protection of trade secrets and confidential business information, Internet domain name disputes, technology licensing disputes and trademark and copyright infringement. He is a frequent speaker and author on topics related to technology and intellectual property litigation.

Jessica Kirkpatrick is a Senior Trial Consultant with JuryScope, Inc. She brings to each case a blend of her consulting experience and practical legal training. She has handled a diverse portfolio of civil cases in venues throughout the United States. Her experience has been equally divided between cases in state and federal court.

Gregory K. Leonard is a Vice President in NERA Economic Consulting’s Antitrust and Intellectual Property Practices. His areas of expertise are applied microeconomics and econometrics. He has extensive experience analyzing competition and estimating damages in antitrust cases and patent infringement damages cases. He was one of the developers of the merger simulation technique that is now widely used to analyze the competitive effects of mergers. Dr. Leonard has provided written and oral testimony on issues involving antitrust, damages estimation, statistics and econometrics, and labor market discrimination.

Roderick McLeod's, a partner with Jones Day, focuses his practice on complex commercial litigation, intellectual property litigation, and international arbitration. He has tried to verdict and arbitrated a wide range of commercial disputes in state and federal courts across the country and internationally.

David Meyer is a partner in the Los Angeles office of Howrey Simon Arnold & White. His practice focuses on antitrust and commercial litigation. He has represented corporations and individuals in a wide variety of litigation in state and federal courts in California and throughout the country, leading to experience in all phases of civil and criminal litigation.

Michael Morin is an attorney with Finnegan Henderson Farabow Garrett & Dunner LLP where he specializes in patent litigation at both the trial and appellate court levels. He has experience in all aspects of patent litigation. He has had primary responsibility for drafting briefs submitted to the U.S. Court of Appeals for the Federal Circuit as well as petitions to the U.S. Supreme Court.

Brian C. Park is the Hiring Partner in the Seattle Office of Dorsey &Whitney LLP and a partner in the firm's Intellectual Property Litigation group. A registered patent attorney, Mr. Park practices law in federal and state courts and before administrative tribunals to enforce or challenge patents, copyrights, trademark, trade secrets, and unfair competition claims involving inventions, literary and artistic works, commercial designations, and confidential business information. In addition to intellectual property cases, Mr. Park handles significant commercial and complex litigation matters.

Matthew H. Poppe an attorney in the Silicon Valley office of Orrick Herrington & Sutcliffe LLP focuses his practice on intellectual property litigation. He has extensive experience litigating and trying complex matters involving trade secrets, trademarks, patents, and license agreements, and has handled several consumer class actions on behalf of telecommunications companies.

Robert E. Schaberg is a senior partner in the Litigation Department of Shartsis, Friese & Ginsburg LLP. His practice consists of complex litigation, with an emphasis on: intellectual property, antitrust, business torts. securities fraud, insurance coverage, and construction litigation.

Dr. Ryan M. Sullivan is a Principal with Bates White, LLC and head of the Intellectual Property practice. As an expert in economics, finance, and statistics, he specializes in applying statistical models and quantitative methods to intellectual property and antitrust litigation matters. With extensive experience analyzing market structure, conduct of market participants, and economic performance, he determines economic damages, asset value, lost profits, and licensing rates.

David Vanderport is a Litigation Consultant in FTI's Trial Consulting practice based in Denver. Mr. Vanderport serves as a graphics and trial consultant and specializes in communication, graphics, technology, and trial presentation development. He has worked on matters involving intellectual property, product liability, contract dispute, employment, insurance coverage, medical malpractice, environment, securities, and antitrust issues

Law Seminars International Presents

Effective Financial Expert Testimony

November 4 & 5, 2004 Crowne Plaza Union Square Hotel in San Francisco, CA