Leveraging Expert Testimony: Navigating Daubert Standards, Strategies for Direct and Cross Examination of Experts

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, September 22, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide advanced techniques for preparing for and conducting direct and cross examinations of expert witnesses in civil and commercial litigation. Our authoritative panel of commercial litigators will outline effective strategies for meeting Daubert standards on admissibility of expert opinion testimony, bringing and defending Daubert motions, and presenting or challenging highly technical expert witnesses at trial.

Description

Success in high stakes civil and commercial litigation often hinges on the effectiveness of complicated expert testimony on critical issues of causation and damages. Expert opinion witnesses can make or break a case. One court recently reversed a $14 million products liability jury verdict after concluding the plaintiff’s expert testimony was admitted in error. Another set aside an $11 million jury verdict for the same reason.

Economists, valuation analysts, financial advisers and forensic accountants may be called on to offer expert opinions on lost profits or other economic damages in commercial litigation in antitrust, patent, securities or contract disputes. Scientists, academicians, and medical and other technical experts are presented to bolster products liability, malpractice and personal injury lawsuits.

Information can be highly technical. Litigators must be fully prepared and have a thorough grasp of an expert’s planned testimony to identify vulnerabilities and inconsistencies. Litigators wishing to support their case with expert testimony must ensure that the expert’s methodology and analysis is adequately supported by data. They must also be prepared to elicit or challenge expert testimony convincingly to the judges who serve as gatekeepers and the juries who may be easily swayed or confused by expert opinions.

Listen as our authoritative panel of seasoned litigators discusses effective strategies for preparing for and conducting direct and cross examination of expert witnesses during depositions, hearings and trials. The panel will share techniques from their own experiences that have proven successful in admitting expert testimony or discrediting or impeaching expert witnesses and review recent court cases for the latest developments and insights.

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Outline

  1. Overview of Rule 702 and Daubert standard
  2. Bringing or defending Daubert challenges
  3. Preparing expert witnesses
  4. Direct examination techniques
  5. Cross examination and impeachment techniques

Benefits

The panel will review these and other key issues:

  • What are the most effective methods for presenting highly technical information to juries?
  • How can counsel best bolster an expert’s credibility and relevance?
  • What sources should counsel research to disqualify or impeach an opponent’s expert?
  • What advanced deposition techniques will help counsel to effectively impeach opposing experts at trial?

Faculty

Anthony L. Cochran
Anthony L. Cochran
Partner
Chilivis Cochran Larkins & Bever

Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials,...  |  Read More

Henry D. Fellows, Jr.
Henry D. Fellows, Jr.
Partner
Fellows Labriola

Mr. Fellows represents corporations, partnerships and individuals in cases related to commercial contract disputes,...  |  Read More

John K. (Jake) Larkins, III
John K. (Jake) Larkins, III
Partner
Chilivis Cochran Larkins & Bever

Mr. Larkins represents individuals and businesses in complex civil litigation, including contract disputes, business...  |  Read More

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