Expert Lawyers on Expert Witnesses A Regional CLE Workshop Wednesday, May 8, 2013 Hosted by New York Law School 185 W. Broadway New York, New York 10013 Sponsored by the ABA Section of Litigation Expert Witness Committee and
EXPERT LAWYERS ON EXPERT WITNESSES Wednesday, May 8, 2013, New York Law School Program Agenda 1:15 1:30 p.m. Welcome & Opening Remarks Prof. David A. Gulley, Columbia University 1:30 2:20 p.m. Retaining Experts and Working with Them Moderator: Prof. David A. Gulley, Columbia University Angie M. Hankins, Stroock & Stroock & Lavan LLP Vince DiBlasi, Sullivan & Cromwell David Ross, Seyfarth Shaw 2:20 2:30 p.m. Break How do litigators identify key technical issues requiring expert support and testimony when they often times do not possess those skills or experience in the field personally? This panel will explore how seasoned litigators determine the set of non-testifying and testifying experts needed to develop and then tell their trial story. Issues relating to the timing and terms of retention, the use and utility of experts in the discovery process and the need to match expected expert testimony with developing facts will be explored by the panelists. Facing today s new economic realities, the panel will also discuss cost and budgeting issues and how clients are expecting counsel and their experts to address their internal cost pressures. 2:30 3:20 p.m. Expert Discovery and Practice Since the 2010 Amendments Moderator: John Lee, Morgan Lewis & Bockius LLP Yehudah L. Buchweitz, Weil, Gotshal & Manges LLP Deborah Skakel, Dickstein Shapiro LLP Brian Fraser, Richards Kibbe & Orbe LLP This panel will discuss the extent to which attorney-expert communications, expert discovery, and motion practice have changed since the 2010 Amendments to Federal Rule of Civil Procedure 26. These amendments were intended to limit expert discovery by protecting from disclosure draft reports and certain communications between attorney and expert. Panelists will discuss whether that goal has been achieved and discovery issues that persist in spite of the rule change. The panel will also discuss changes to expert discovery rules in the Delaware Chancery Court as well as the anticipated effect of proposed new expert discovery rules in the Commercial Division of the New York Supreme Court. Finally, the Panel will discuss techniques for preparing the expert with the goal of avoiding motion practice.
3:20 3:30 p.m. Break 3:30 4:50 p.m. The Persuasiveness of Expert Testimony Moderator: Laureen Ryan, Managing Director/Alvarez & Marsal, Global Forensic & Dispute Services LLC Hon. Timothy K. Lewis, Schnader Harrison Segal & Lewis LLP Ernest Badway, Fox Rothschild LLP Ann T. Greeley Ph. D., Senior Director, DecisionQuest Scientific explanations should be as simple and direct as possible but no simpler. (Occam s Razor). Whether in court or in the boardroom, experts will be examined and interpreted by non-experts, who may incorporate their findings as expected, or in unintended ways. This panel will explore issues relating to the goal of expert testimony and what has been found to be the most effective use of such testimony. The dos and don ts of expert testimony will also be discussed, and debated, amongst these expert and attorney panelists. 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 10174 Phone: 212-885-5580 Email: kbruno@blankrome.com Edward A. Salanga, Committee Co-Chair Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix AZ 85004-2391 Phone: 602-229-5422 Email: Edward.Salanga@quarles.com Prof. David A. Gulley Columbia University Program Chair 318 S. W. Mudd Bldg. New York, New York 10027 Phone: 646-4549-1929 Email: Dag2170@columbia.edu
REGISTRATION Visit: www.americanbar.org/groups/litigation/events_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 Schweighart, American Bar Association, 321 N. Clark St., Chicago, IL 60654. Online registration is encouraged. If you have any questions, please contact Katie Schweighart at katie.schweighart@americanbar.org. Please register by May 2, 2013 to reserve your spot. Requests for refunds must be made in writing and received no later than May 1, in the ABA Section of Litigation office. Please email your request to Katie Schweighart, at katie.schweighart@americanbar.org. Cancellations received after May 1 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. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit the ABA MCLE website or Katie Schweighart at katie.schweighart@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.
REGISTRATION FORM Expert Lawyers on Expert Witnesses: A Regional CLE Workshop Wednesday, May 8, 2013 Hosted by New York Law School New York, New York Name Affiliation Address City State Zip Code Telephone Fax E-mail 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 $50.00 (Section of Litigation members and Government attorneys) $125.00 (Non-Section members) Pre-registration deadline is May 2, 2013. 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: www.americanbar.org/groups/litigation/events_cle/expert_lawyers_on_expert_witnesses.html A limited amount of scholarships are available for this program. For more information, please contact Katie Schweighart at (312) 988-6714. Please send your Registration Form and payment to: Katie Schweighart American Bar Association 321 N. Clark St. Chicago, IL 60654 For additional information about the program, please contact: Prof. David A. Gulley 646-549-1929 / Dag2170@columbia.edu or Katie Schweighart at katie.schweighart@americanbar.org