Law Seminars International Presents

Second Annual Conference on

Effective Development & Presentation of Expert Testimony

Strategies and techniques for complex litigation

September 24 & 25, 2007
The Gleacher Center in Chicago, IL
Register      Download PDF Brochure

Who Should Attend

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

Why Attend

Expert testimony is often critical to the outcome in complex commercial litigation. Therefore, it is important for lawyers, experts, and clients to understand how to identify, develop, and present expert testimony. This seminar will address what makes for a great expert, how to select great experts, and persuasive techniques for presenting and challenging expert witnesses. ~ Program Co-Chairs: Mohan Rao, Ph.D. and Alan H. Silberman, Esq.

What You Will Learn

* What makes for a great expert witness? * Effective expert reports * Effective deposition and trial testimony * A view from the bench * Stories from the trenches * Ethical issues for lawyers and experts * Retention of drafts and concerns with spoliation for experts * Mock cross-examination * How to develop into a great expert witness

Agenda

Monday, September 24, 2007

8:30 am Introduction & Overview
  Mohan Rao, Ph.D., Program Co-Chair, Director
LECG, LLC / Evanston, IL
  Alan H. Silberman, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
8:45 am What Makes for a Great Expert Witness?
  Lawyer's perspective on matching the kind and degree of expertise with the case; how to focus testimony to maximize effectiveness and minimize costs; whether to use one expert or a team
  Edward D. Manzo, Esq.
Cook Alex / Chicago, IL
  Expert's perspective
  Roy Weinstein, President
Micronomics, LLC / Los Angeles, CA
10:15 am Break
10:30 am Effective Expert Reports
  Hitting the market with the report: Staying focused on the assignment and audience (opposing side, judge, or jury); what to include and exclude
  Cathy M. Niden, Ph.D., Director
LECG, LLC / Evanston, IL
  Ensuring quality control: Compliance with Daubert and other standards requiring good science for admissibility; various formal methods that experts use
  Vincent P. Schmeltz, III, Esq.
LeBoeuf, Lamb, Greene & MacRae LLP / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Effective Deposition Testimony
  Basic principles of being an expert witness: The expert's role in the client's discovery efforts or discovery defense; what the expert should request from counsel; what should counsel request and disclose; meeting disclosure obligations
  Stephen D. Libowsky, Esq.
Howrey LLP / Chicago, IL
  Preparing for the deposition: Positioning for examining and defending lawyers; ways to answer questions; strategies for accommodating the prospect of further information
  Harold C. Hirshman, Esq.
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
2:45 pm Break
3:00 pm Effective Trial Testimony
  Telling the story in a way that the judge and jury can understand: Organizing testimony around unifying themes consistent with the lawyer's theory of, and approach to the case
  David A Kotler, Esq.
Dechert LLP / Princeton, NJ
  How to deal with cross-examination: Anticipating the question and preparing responses; differences in the approach at trial from the approach in depositions
  James R. Ferguson, Esq.
Mayer, Brown, Rowe & Maw LLP / Chicago, IL
  Skills and practice needed to teach complex and unfamiliar information to a judge and jury; good demonstrative exhibits that empower expert witnesses to overcome challenging subject matter by giving them the tools needed to teach and persuade effectively
  Patricia McEvoy, Ph.D., Litigation Communication Consultant
Zagnoli McEvoy Foley LLC / Chicago, IL
5:00 pm Reception Sponsored by LECG, LLC and Sonnenschein Nath & Rosenthal LLP

Tuesday, September 25, 2007

8:30 am Special Address: A View From the Bench
  Memorable issues involving qualifications, objectivity, authenticity, knowledge of court rules, communication skills, and other aspects of expert testimony
  The Hon. James F. Holderman, Chief U.S. District Court Judge
United States District Court / Chicago, IL
9:15 am Stories From the Trenches
  How my super-duper expert wowed the judge/jury and helped me make my case; how an expert could destroy your case
  Robert M. Hess, Chief Financial Officer
Ocean Tomo, LLC / Chicago, IL
10:00 am Break
10:15 am Ethical Issues for Lawyers and Experts: What Is Ethically Acceptable When An Attorney Works With An Expert?
  Ethical issues at various stages of the case: Retaining a testifying expert; fee agreements (including lock-up fees); confidentiality; loyalty and conflicts of interest; limitations on what an attorney can and can't do with respect to the expert's opinion
  Deane B. Brown, Esq.
Beermann Swerdlove LLP / Chicago, IL
  Stephen G. Pawlow, Managing Director, Financial Advisory Services
RSM McGladrey Inc. / Deerfield, IL
11:15 am Retention of Drafts and Concerns with Spoliation for Experts
  An early stage issue to ensure compliance with federal and state court rules: What documents should the expert retain to avoid spoliation of evidence?
  Paul E. Veith, Esq.
Sidley Austin LLP / Chicago, IL
12:00 pm Lunch (on your own)
1:15 pm Mock Cross-Examination
  Expert witness
  Christine Meyer, Ph.D., Vice President
NERA Economic Consulting / White Plains, NY
  Lawyer
  Bradley P. Nelson, Esq.
Schopf & Weiss LLP / Chicago, IL
  Judge/Moderator
  Alan H. Silberman, Esq., Program Co-Chair
Sonnenschein Nath & Rosenthal LLP / Chicago, IL
2:30 pm Key Attributes of An Effective Expert
  What lawyers look for in an expert witness; hiring and working with experts
  Michael R. Levinson, Esq.
Seyfarth Shaw LLP / Chicago, IL
  How to get hired as an expert witness; how to develop into a great expert witness
  Jonathan Flaum, Director
LECG, LLC / Chicago, IL
4:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, September 18, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 11.5 IL CLE credits including 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the The Gleacher Center at 450 North Cityfront Plaza Drive in Chicago, IL 60611. Check The Gleacher Center website, Area Attractions, for a list of area hotels at http://www.gleachercenter.com.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Mohan Rao, Ph.D., Program Co-Chair, a Director at LECG, LLC, specializes in intellectual property, antitrust economics, and economic analysis in complex commercial disputes. He wrote the chapter on econometric analysis in the Litigation Services Handbook, a reference for economic and financial experts, and has taught Ph.D.- level econometrics as a professor at UCLA.

Alan H. Silberman, Program Co-Chair, is chair of the national Antitrust, Marketing Practices, Franchising and Distribution Group at Sonnenschein Nath & Rosenthal LLP. He has acted as outside counsel for McDonald's Corporation in litigation matters. He is listed in Who's Who in America, the International Who's Who of Business Lawyers and Chambers USA.

Deane B. Brown, partner at Beermann Swerdlove LLP, focuses on commercial litigation and professional responsibility. She represents attorneys before the Attorney Registration and Disciplinary Commission and is the Chair of the Illinois State Bar Association's Professional Conduct Committee. She is an "Illinois Super Lawyer" and "Leading Lawyer."

James R. Ferguson, partner at Mayer, Brown, Rowe & Maw LLP in the Intellectual Property, Commercial and White Collar Criminal Litigation areas, has served as lead counsel for major corporations in patent, trademark, trade secret and false advertising litigation. A former federal prosecutor, he is listed in The Best Lawyers of America and Chambers USA.

Jonathan Flaum is a Director at LECG, LLC. Previously, he worked at a consulting firm and practiced in private law firms, as well as for the City of Chicago. He has represented clients in litigation matters related to patent infringement, antitrust, breach of contract cases, and criminal investigations.

Robert M. Hess is a founding member and Chief Financial Officer at Ocean Tomo, LLC. He concentrates on damages expert witness testimony in intellectual property infringement lawsuits and valuation assistance.

Harold C. Hirshman, partner at Sonnenschein Nath & Rosenthal LLP, has represented defendants in securities and shareholder litigation cases and targets of SEC investigations including individuals, companies, accountants, investment advisers, brokerage houses, and audit committees.

The Honorable James F. Holderman is the Chief United States Distict Court Judge for the Northern District of Illinois. He was appointed to the Court on April 4, 1985 and was named Chief Judge in July, 2006.

David A. Kotler, partner in Dechert LLP's White Collar and Securities Litigation Group, represents clients in complex corporate and commercial litigation matters involving the financial markets, contracts and business torts. He has represented clients in class actions arising from the purchase/sale of securities and in derivative actions.

Michael R. Levinson, partner at Seyfarth Shaw LLP, is Chair of the national Litigation Practice Group and a member of the Administrative Committee. He is an adjunct professor at Chicago-Kent College of Law, where he teaches trial advocacy and is an Illinois Super Lawyer and Leading Lawyer.

Stephen D. Libowsky, partner at Howrey LLP, focuses on complex commercial litigation, achieving numerous successes in trials and appeals of complex business litigation. He also acts as an expert consultant and witness on behalf of law firms in professional negligence matters.

Edward D. Manzo, shareholder and a founder of Cook Alex, focuses on intellectual property lawsuits, litigating utility patents, design patents, trade dress, trademarks, trade secrets and copyrights. He is listed in "Who's Who in the World" and is an "Illinois Leading Lawyer."
Full bio and contact info for Edward D. Manzo at Cook Alex

Patricia McEvoy, Ph.D., a Litigation Communication Consultant at Zagnoli McEvoy Foley LLC, specializes in helping attorneys and business leaders improve their communication skills. She consults on witness preparation, jury selection, expert testimony, voirdire question design, and opening statement and closing argument consultation.

Christine Meyer, Ph.D., Vice President at NERA Economic Consulting, conducts economic research and analysis, and has served as an expert witness, related to damages stemming from patent infringement, theft of trade secrets, breaches of contract and antitrust violations.

Bradley P. Nelson, Managing Partner of Schopf & Weiss LLP, specializes in complex commercial, business, and bankruptcy litigation. His recent jury trials include a victory and $31 million judgment in a large international trade case, prevailing in a complex real estate, partnership, and RICO case, and victory in a contract/fraud dispute.

Cathy M. Niden, Ph.D.,a Director at LECG, LLC, provides expertise in financial economics, specializing in financial markets, corporate finance and securities regulation. She has served as expert witness in cases alleging insider trading, securities fraud, breach of contract, and ERISA violations in connection with company stock.

Stephen G. Pawlow is Managing Director in the Financial Advisory Services at RSM McGladrey, Inc. He specializes in business valuations for litigation and non-litigation related engagements, including, shareholder disputes, financial damage, breach of contract, bankruptcy matters, gift and estate tax planning and filing.

Vincent P. (Trace) Schmeltz III, Counsel at LeBoeuf, Lamb, Greene & MacRae LLP, focuses on complex civil litigation, pursuing and defending claims on behalf of auditors, investment banks and corporations. His experiences include securities fraud class actions, shareholder derivative actions, bankruptcy adversary proceedings and governmental investigations.

Paul E. Veith is a litigation partner at Sidley Austin LLP. He is a member of the Intellectual Property practice group and has represented clients in trade secrets, patent, trademark, unfair competition, and other types of cases. He frequently works with expert witnesses who testify on the issue of damages in commercial litigation.

Roy Weinstein is President of Micronomics, LLC. He has testified before U.S District Courts, state courts, the ITC, the International Court of Arbitration and the California Public Utilities Commission. His focuses on the valuation of intellectual property, antitrust economics, royalty audits, surveys, sampling and econometric investigations, and alter ego analysis.

Firm Links

Cook Alex