Expert Witnesses: Maximizing Their Effectiveness A Regional CLE Workshop

Transcription

1 Expert Witnesses: Maximizing Their Effectiveness A Regional CLE Workshop Bancroft Hotel 2680 Bancroft Way, Berkeley California Hosted by Berkeley Center for Law & Technology, University of California, Berkeley School of Law Sponsored by the ABA Section of Litigation Expert Witness Committee and

2 EXPERT WITNESSES: MAXIMIZING THEIR EFFECTIVENESS Hosted by: Berkeley Center for Law & Technology, University of California, Berkeley School of Law Program Agenda 1:15 1:30 p.m. Welcome and Opening Remarks Robert Buzz Hines, Farella Braun + Martell LLP 1:30 2:20 p.m. Retaining Experts and Managing Work Flow Moderator: Stuart Bartow, McDermott Will & Emery LLP Fred Alvarez, Jones Day LLP Belinda Lee, Latham & Watkins LLP Byron Cooper, Teklaw 2:20 2:30 p.m. Break How do attorneys identify a need for expert testimony? Once a need has been identified, what factors should be considered in choosing an expert? This panel will discuss how experienced litigators determine what types of experts are needed to develop and tell the party s trial story. The panel will also discuss terms of retention, identifying the most effective uses of experts during discovery and in case development, streamlining workflow, and dealing with cost and budgeting pressures. 2:30 3:20 p.m. Expert Best Practices After the 2010 Amendments Moderator: Shannon Eagan, Cooley LLP Karen Boyd, Turner Boyd LLP Jordan Trent Jones, Kilpatrick Townsend & Stockton LLP Andrew Lanphere, Pillsbury Winthrop Shaw Pittman LLP How should attorneys communicate and work with experts in the wake of the 2010 Amendments to Federal Rule of Civil Procedure 26? This panel will discuss attorney-expert communications, expert discovery, and motion practice since the 2010 Amendments, which were intended to limit expert discovery by protecting from disclosure draft reports and certain communications between attorney and expert. Panelists will discuss whether and how that goal has been achieved as well as issues that persist in spite of the rule changes. Finally, the Panel will discuss techniques for minimizing potential disputes with opposing counsel.

3 3:20 3:30 p.m. Break 3:30 4:50 p.m. The Persuasiveness and Impact of Expert Testimony Moderator: Vicki Lazear, Cornerstone Research Dennis Ellis, Paul Hastings LLP Paul Singarella, Latham & Watkins LLP Anne Cappella, Weil Gotshal & Manges LLP Beth Bonora, Bonora Rountree LLC As both Judge Weinstein and the Supreme Court have observed, [e]xpert evidence can be both powerful and quite misleading because of the difficulty in evaluating it. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). This panel, comprised of experts, attorneys, and trial consultants, will explore issues relating to the goal of expert testimony and discuss the most effective uses of such testimony. The panel will further discuss the impact that expert testimony can have on judges and juries in cases requiring fact-finding on sophisticated and complex issues. 4:50 6:00 p.m. Cocktail and Networking Reception Sponsored by the ABA Section of Litigation Expert Witness Committee Kevin J. Bruno, Committee Co-Chair Blank Rome LLP The Chrysler Building 405 Lexington Avenue New York, New York Phone: Edward A. Salanga, Committee Co-Chair Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix AZ Phone: Prof. David A. Gulley Columbia University Programming Chair 318 S.W. Mudd Bldg. New York NY Phone: Special thanks to:

4 REGISTRATION Visit: cle/expert lawyers on expert witnesses.html to register online or return the Registration Form on the following page with your payment (checks only) to Katie Peternell, American Bar Association, 321 N. Clark St., Chicago, IL Online registration is encouraged. If you have any questions, please contact Katie Peternell at Please register by Feb 21st to reserve your spot. Requests for refunds must be made in writing and received no later than February 21st, in the ABA Section of Litigation office. Please your request to Katie Peternell, Cancellations received after February 21st will not be refunded; however, the Section will gladly accept substitutions for those unable to attend. MCLE Credit: ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 2.75 CLE credit hours in 60-minute-hour states, and 3.5 credit hours in 50-minute-hour states. For more information about CLE accreditation in your state, visit the ABA MCLE website or Katie Peternell at katie.peternell@americanbar.org. Attire: Business casual dress is encouraged for all participants. Attendance List: Information included in the attendance list is protected by copyright and is solely intended for the individual and private use of ABA members in connection with the ABA s mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken that violates the ABA s copyright.

5 REGISTRATION FORM Expert Witnesses: Maximizing Their Effectiveness A Regional CLE Workshop Hosted by the Berkeley Center for Law & Technology, University of California, Berkeley School of Law Bancroft Hotel 2680 Bancroft Way, Berkeley California Berkeley, California Name Affiliation Address City State Zip Code Telephone Fax ABA Member No. The information submitted on this registration form will be used only to create an attendance list for the Regional CLE Workshop. Registration Information $75.00 (Section of Litigation members and Government attorneys) $ (Non-Section members) Pre-registration deadline is February 21, Checks for attendance and course materials should be made payable to the AMERICAN BAR ASSOCIATION (*no credit cards). I will attend the meeting and my check for $.00 is enclosed. * To pay by credit card, please visit: cle/expert lawyers on expert witnesses.html A limited amount of scholarships are available for this program. For more information, please contact Katie Peternell at (312) Please send your Registration Form and payment to: Katie Peternell American Bar Association 321 N. Clark St. Chicago, IL For additional information about the program, please contact: Stuart Bartow at /sbartow@mwe.com or Katie Peternell at katie.peternell@americanbar.org