Law Seminars International Presents

A Comprehensive Two-Day Conference on

Expert Testimony in Litigation

Capitalizing on expertise for success

December 6 & 7, 2004
Sheraton Reston Hotel in Reston, VA
Order      Download PDF Brochure

Who Should Order Homestudy

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

Why Order

As expert testimony becomes increasingly significant in commercial and regulatory litigation, there is a critical need for all participants -- lawyers, experts, and clients, alike -- to understand their mutual roles and contributions. The seminar will address not only the legal standards for qualifying an expert and presenting expert testimony, but also the dynamics of litigation planning and discovery, persuasive techniques for presenting and challenging expert witnesses, the management of complex information systems, and current ethical standards in a multi-disciplinary environment. Philip L. Chabot, Esq. And Joseph Wharton, Ph.D.

What You Will Learn

- Current Developments and Evolving Standards for Experts - Initial Analysis and Planning - Discovery and Depositions - Views from the Trenches on the Best Approach to a Case - Presenting Expert Testimony - Challenging Expert Testimony - Information Management - Standards for Consulting Firms Working with Academic Experts - Ethical Issues for Lawyers and Experts

Agenda

Monday, December 06, 2004
8:00 am Registration and Continental Breakfast
8:30 am Introduction & Overview
  Philip L. Chabot, Jr., Esq.
 McCarthy, Sweeney & Harkaway, P.C. / Washington, DC
  Marc Chupka, Senior Consultant
 The Brattle Group / Washington, DC
8:45 am Current Developments & Evolving Standards for Experts
  Lawyer and witness perspectives on the new standards emerging after Daubert and its progeny; situations in which witnesses have been disqualified and qualification challenges have been denied; implications for lawyers and witnesses.
  Stephen Angle, Esq.
 Vinson & Elkins LLP / Washington, DC
  E. Allen Jacobs, Ph.D., Vice President
 Charles River Associates / Dallas, TX
10:15 am Break
10:30 am Initial Analysis & Planning
  Putting opinion testimony in the context of the claim and objectives of the client; determining the need for and timing of expert involvement; preparation and content of the expert report
  Ryan M. Sullivan, Ph.D., Principal
 Bates White LLC / San Diego, CA
  John P. Hutchins, Esq.
 Troutman Sanders LLP / Atlanta, GA
12:00 pm Lunch (on your own)
1:15 pm Discovery & Depositions
  Identifying discovery objectives; the strategy, tools, and tactics of expert discovery; discovery of material prepared and reviewed by experts and communications with counsel
  James Adler, Ph.D.
 Adler Consulting Ltd. / Highland Park, IL
  Taking and defending depositions; strategies, tools, methods
  Gerald F. Ivey, Esq.
 Finnegan Henderson, Farabow, Garrett & Dunner, L.L.P. / Washington, DC
3:15 pm Break
3:30 pm Views from the Trenches on the Best Approach to a Case
  Trial counsel and an expert explore the different perspectives from which they approach a case and discuss the typical problems that arise throughout
  Quincy M. Crawford, Esq.
 Piper Rudnick / Baltimore, MD
  Vinita Juneja, Ph.D., Senior Vice President
 NERA Economic Consulting / New York, NY
4:30 pm Court-Appointed Scientific Experts
  C. Runkle, Project Manager
 Directorate for Science and Policy Programs / Washington, DC
5:00 pm Reception and Wine Tasting for Attendees
  Hosted by The Brattle Group and Frank Graves

Tuesday, December 07, 2004
8:00 am Registration and Continental Breakfast
8:30 am Presenting Expert Testimony
  For the testifying expert: Developing approaches, analogies, and visual aids that lay people can understand
  Craig Pirrong, Director
 Global Energy Management Institute, Bauer College of Business / Houston, TX
  For the lawyer sponsoring the expert: Presentation sequences and other tips for effective communication
  James E. Hartley, Esq.
 Holland & Hart LLP / Denver, CO
  For the lawyer cross-examining the expert: Determining which approaches are likely to work and which are likely to backfire
  Terence P. Ross, Esq.
 Gibson Dunn & Crutcher LLP / Washington, DC
10:15 am Break
10:30 am Challenging Expert Testimony
  The most effective procedures for challenging an expert and defending against a challenge; how the expert can help prepare the challenge and defense; things lawyers do that undermine their own expert and decrease the chances for success
  Michael J. Leech, Esq.
 Hinshaw & Culbertson LLP / Chicago, IL
  Tactical tips for developing the most effective arguments for challengers and defenders
  Veronica E. Rendon, Esq.
 Thelen Reid & Priest LLP / New York, NY
12:00 pm Lunch (on your own)
1:15 pm Information Management
  As cases become more complex and as e-documents abound, how can lawyers, experts, and clients, meet the opportunities and challenges of electronic data management?
  Michael J. Leech, Esq.
 Hinshaw & Culbertson LLP / Chicago, IL
2:00 pm Break
2:15 pm Standards for Consulting Firms Working with Academic Experts
  Finding the right expert; developing a working relationship with an expert; a consultant's view of the legal issues relating to working with outside experts; defining the scope of an expert's report
  Darrell Chodorow, Ph.D., Senior Associate
 The Brattle Group / Washington, DC
3:00 pm Ethical Issues for Lawyers and Experts
  The ethics function begins with issue spotting -- poaching, fees, disclosure, reports, credentials, conflicts, coaching, procedural rules. And what about the lawyer as expert?
  Michael S. Sundermeyer, Esq.
 Williams & Connolly LLP / Washington, DC
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: VA 12.5 inc 1 E (SO0144); CA 12.5 inc 1 E; CO 14.7 inc 1 E; GA 12.3 inc 1 E; 6 trial; MN 12.25 inc 1 E (84651); MO 14.7 inc 1.2 E; NC 12.25 inc 1 E; NY 14.5 inc 1 E (nontransl); OH 12.25 inc 1 E(#000146653); PA 12 inc 1 E; WA 12.25 inc 1 E (126614)

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

Faculty Bios

Philip L. Chabot, Jr., Program Co-Chair, is a partner at McCarthy Sweeney & Harkaway, PC. His experience includes strategic planning, administrative proceedings and litigation involving electric industry restructuring; establishment of municipal electric systems; utility mergers and acquisitions; valuation of utility assets and franchises; hydroelectric project licensing; Federal preference power allocation and pricing; and antitrust and commercial litigation.

Marc Chupka has over 15 years of public and private sector experience analyzing the market impacts of domestic and international energy and environmental policy. His work has focused on the electricity market impacts of Clean Air Act regulations, assisting clients in developing compliance strategies, valuing generating assets, and analyzing the effects of environmental regulations on generating unit availability. He has experience in electric utility deregulation, stranded cost estimation, energy contract negotiation and litigation, electricity procurement reasonableness and prudence reviews, and electricity and emission allowance price forecasting. Mr. Chupka also conducts analyses on the financial implications of possible climate change policies on the energy sector.

James Adler heads Adler Consulting, Ltd., a forensic accounting and consulting firm specializing in fraud investigations and economic issues analysis. Dr. Adler has extensive experience testifying in civil and criminal litigation in the areas of accounting standards, economic damages analysis, fraud and recovery for organizations such as the U.S. Department of Justice, Securities Exchange Commission, FDIC, RTC and the State of Illinois.

Stephen Angle is a partner with Vinson & Elkins, LLP in the energy group where he focuses on the restructuring of the electric industry. Previously, he served for thirteen years as the Assistant General Counsel for Hydroelectric and Electric Litigation at FERC.

Darrell Chodorow, a senior associate with the Brattle Group, provides advice and litigation support across a broad range of topics including commercial damages, valuation, and the regulated industries. He has more than ten years of consulting experience with Brattle and Booz Allen & Hamilton.

Monty Crawford, a partner with Piper Rudnick,  has a general corporate and business litigation practice, with significant experience in litigation concerning class actions, telecommunications, trade secrets, trademarks, computer software disputes, unfair competition, insurance disputes, fraud, real property disputes, contract disputes, and internal corporate investigations. He has also represented companies and individuals in white collar criminal investigations and prosecutions.

James E. Hartley is a partner at Holland & Hart, LLP. His primary areas of practice are antitrust litigation and counseling, and patent infringement litigation. He has extensive trial experience in cases dealing with claims trade secrets, tax and copyright infringement and unfair competition.

John P. Hutchins, a partner with Troutman Sanders, LLP, focuses his practice in the area of commercial litigation. 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.

Gerald F. Ivey is a partner at Finnegan Henderson Farabow Garrett & Dunner, LLP, where he practices in the areas of civil litigation and trial advocacy, concentrating primarily on patent cases involving a range of technology, including mechanical products, medical devices, and biotechnology.

E. Allen Jacobs is Vice President and head of the Dallas Office of Charles River Associates. In addition to having served on the faculties of M.I.T., Harvard, and the University of Texas, Dr. Jacobs has served on the boards of several companies and provided expert testimony in federal and state courts, as well as before federal regulatory boards and state agencies. He is an experienced investor and advisor in early stage businesses, financial restructuring, business planning, and corporate acquisitions. He has consulted on economic and financial matters with some of the leading consulting firms, including Bain & Co., Booz Allen Hamilton, McKinsey & Co., and RAND Corporation. Prior to joining CRA, he founded Corporate Performance, Inc. (CPI) and Economics, Inc.

Vinita Juneja is a Senior Vice President with NERA Economic Consulting where she directs projects in securities economics, finance and valuation. Dr. Juneja has been retained on hundreds of securities and financial valuation matters analyzing securities fraud claims, valuation of restricted or illiquid stock, derivative lawsuits, stock repurchases, insider trading, manipulation, churning and suitability, ERISA related claims, market timing, fund advisor fee structures, financial assets and business valuation.

Michael J. Leech, a partner with Hinshaw & Culbertson, LLP, has a nationally recognized practice in mediating employment and other commercial disputes. He has litigated a range of jury verdict cases arising under the full range of employment laws, including both federal and state discrimination laws (race, national origin, sex, sexual harassment and religion) as well as actions under state contract and tort.

Michael J. Leech, a partner with Hinshaw & Culbertson, LLP, has a nationally recognized practice in mediating employment and other commercial disputes. He has litigated a range of jury verdict cases arising under the full range of employment laws, including both federal and state discrimination laws (race, national origin, sex, sexual harassment and religion) as well as actions under state contract and tort.

Craig Pirrong is Professor of Finance and Director of the Global Energy Management Institute at the Bauer College of Business at the University of Houston. He researches derivatives markets and consults with financial exchanges in the U.S., Canada and Germany, and with U.S. energy corporations. He has served as expert witness in patent and bankruptcy cases as well as numerous manipulation and antitrust matters.

Veronica E. Rendon is a partner in the New York Litigation Department of Thelen Reid & Priest, LLP where she specializes in complex commercial litigation in both state and federal forums. She is a member of the firm’s Securities Litigation and Entertainment Practice Groups. She has a broad base of experience, encompassing securities, commodities, copyright and trademark infringement, and professional liability law.

Terence P. Ross is a partner at Gibson, Dunn & Crutcher LLP concentrating his practice on the litigation of commercial lawsuits, particularly in IP. He represents high-technology businesses in patent and copyright infringement; trade secret and unfair competition litigation; and trademark/trade name disputes.

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, Dr. Sullivan determines economic damages, asset value, lost profits, and licensing rates.

Michael S. Sundermeyer, a partner with Williams & Connolly, LLP, maintains a national trial practice with emphasis in professional liability defense, complex litigation, and administrative law. He also has served as lead counsel in a variety of medical malpractice, real estate, product liability, contract, partnership, and criminal defense matters.