Expert Witness

Litigation Report Writing

Tuesday, November 14
9:15 a.m.–11:50 a.m.
3 hours CPE
Attendees will learn effective approaches to writing an expert damages report for use in a litigation matter. The session will include a review of the report writing requirements set forth in the Federal Rules of Civil Procedure and reporting requirements for other jurisdictions. This session will also focus on drafting reports with an emphasis on content, language, supporting evidence, exhibits, and professional standards compliance.

Learning Objectives:

After completing this workshop, attendees will be able to:

• Cite the components of an effective expert report
• Determine the strengths, weaknesses, and risks of alternative report styles
• Detect the risks of a substandard report
• Define the manner in which foundational evidence is incorporated into an expert report
• Identify the reasons that expert reports are often inadmissible as evidence in court
• Recognize a well-prepared report

Fields of Study:

2 Communications and Marketing, 1 Personal Development

Prerequisites:

Overview: Learning activity level that provides a general review of a subject area from a broad perspective

Advanced Preparation:

None

Howard Zandman

Howard  Zandman

CPA, CFF, MAFF

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Rebutting Valuation Experts in the Courtroom

Tuesday, November 14
12:50 p.m.–2:30 p.m.
2 hours CPE
This session will identify the opposing expert (i.e., credentialed, academic, broker) and standards to be employed by them, if any. Develop a context to review the opposing expert's report in preparation for production of your rebuttal analysis and report and discover tools to assist you. Consider differing rebuttal approaches based on your engagement by the plaintiff versus your engagement by the defendant. Develop appropriate evidence and argument for your rebuttal. Discuss planning your rebuttal and surrebuttal testimony with counsel.

Learning Objectives:

After completing the session, attendees will be able to:

• Create a work plan to effectively review, critique, and rebut an opposing expert's business valuation report
• Describe how to research the standards, if any, of the opposing expert
• List key terms to include in a successful rebuttal report
• Assist counsel in developing effective rebuttal and surrebuttal testimony strategy
• Determine how non-credentialed experts may survive a Daubert Challenge or Motion in Limine

Fields of Study:

2 Personal Development

Prerequisites:

Overview: Learning activity level that provides a general review of a subject area from a broad perspective

Advanced Preparation:

None

P. Dermot O'Neill

P. Dermot  O'Neill

CPA, ABV, CFF, CVA, MAFF, ABAR

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Being a Powerful Expert Witness

Tuesday, November 14
2:50 p.m.–4:30 p.m.
2 hours CPE
The expert witness may be the only effective way for the attorney to present technical evidence to the court. But, effectively using a technical expert witness can sometimes be a challenging experience for both the attorney and the expert. This session will discuss the effective use of the expert witness from the perspective of both, the expert and the attorney. Many aspects of expert witness testimony will be presented with special emphasis on tips and traps of being an expert witness. Credibility is everything in expert testimony and knowing how to avoid being discredited is critical to being a powerful expert witness. Teamwork with the attorney is very important and this session will show you how to create an effective presentation.

Learning Objectives:

After completing the session, attendees will be able to:

• Identify what it takes to present effective expert witness testimony
• Describe what a Daubert challenge is and how to avoid being disqualified
• Explain how to present the conclusion before testifying to the underlying facts or data
• State the importance of independence and lack of bias
• Describe how to present direct testimony and how to survive cross examination
• Identify why the opinion must be based on generally-accepted and reliable methods
• Indicate why the testimony must be supported by sufficient facts or data
• Define why the court will only permit expert testimony if the court determines it will be helpful

Fields of Study:

2 Business Law

Prerequisites:

Basic: Learning activity level most beneficial to individuals new to a skill or an attribute

Advanced Preparation:

Only a keen interest in how to become a powerful expert witness is required. No additional prerequisites or advanced preparation is needed.

Alan Zipp

Alan  Zipp

CPA, JD, ABV, CVA, CBA, CFE

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10 Ways Attorneys Kill Their Own Experts and 10 Ways Experts Can Protect Themselves

Wednesday, November 15
9:15 a.m.–11:50 a.m.
3 hours CPE
The role of the expert is to use his or her skills and qualifications to enable the judge and jury to better understand the evidence. In preparing the case, there are many steps and variables that enter into the experts work: planning the project, gathering the foundational evidence, applying approaches and methodologies, the application of the expert's professional skills, formulation of opinions, drafting of reports, interfacing with counsel, preparing for deposition and trial, and delivery of expert testimony. Experts typically assume that retaining counsel will be both supportive and helpful as the expert conducts the engagement. Many experts, however, are surprised to learn that on occasion, retaining counsel may become a significant obstacle to the expert's success in the matter. In this session we will explore some of the all to common practices of attorneys that undermine their own expert's work and identify strategies and best practices that experts may employ to protect themselves and remain credible and persuasive in the courtroom.

Learning Objectives:

After completing the session, attendees will be able to:

• Identify practices of attorneys that interfere with an expert's best work
• Differentiate between typical dynamics of a lawsuit and dynamics that accompany a hidden agenda
• Define ways to maintain objectivity when counsel and the litigant encourage advocacy
• Identify assumptions that are contradicted by the evidence
• List strategic steps to enable an expert to maintain professional integrity when counsel's practices or agenda are otherwise
• Define and plan strategic practices that enable the expert to enlighten counsel as to the expert's standard of care and requirements

Fields of Study:

3 Business Law

Prerequisites:

Intermediate: Learning activity level that builds on a basic program most appropriate for individuals with detailed knowledge in an area

Advanced Preparation:

None

Michael Kaplan

Michael  Kaplan

CPA, ABV, CFF, CVA, MAFF

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The Deadly Sins of Presenting Numbers—Avoiding Fatal Communication Errors

Wednesday, November 15
12:50 p.m.–2:30 p.m.
2 hours CPE
In every communication skill, small, seemingly innocuous errors—misspellings, mispronunciations, confusing “its” and “it’s”, little nonverbal signals, etc.—can have a devastating impact on your communication effectiveness. And make no mistake: presenting numerical information is a COMMUNICATION skill. This entertaining session offers a tour through those little numbers' presentation errors that can be so destructive to the effectiveness and personal credibility in the eyes of the audience.

Attendees will also receive suitable-for-framing copies of (a) “The Art of Quantation,” the practices that will ensure effective numbers presentation (the “thou shalts”), and (b) “The Deadly Sins of Quantation” (the “thou shalt nots”).

Learning Objectives:

After completing the session, attendees will be able to:

• Describe how to avoid the numbers’ presentation errors most destructive to any professional’s effectiveness and personal credibility
• Demonstrate the respect and compassion for the audience that is so critical to effective communication of numbers

Fields of Study:

2 Communications and Marketing

Prerequisites:

Basic: Learning activity level most beneficial to individuals new to a skill or an attribute

Advanced Preparation:

Attendees should bring a strong appreciation for the importance of communicating effectively, and a willingness to take a fresh perspective on the skill of presenting quantitative information.

Randall Bolten

Randall  Bolten

MBA

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Top 10 Ways to Combat Against Advocating Opposing Experts

Wednesday, November 15
2:50 p.m.–4:30 p.m.
2 hours CPE
Experts are an integral part of the litigation process. In complex litigation, the significance of the expert witness, in both pre-trial and trial, can have a significant impact on the outcome of the case.

Experts are professionally and ethically bound to be objective and independent. Unfortunately, there are more and more practitioners advocating for their clients. This presents additional challenges to the already difficult task of communicating complex topics in the trier of fact. We all know cases that have been won, not on the technical merits of the analysis, but on the persuasiveness of the expert.

This session will provide attendees 10 ways to defend against an advocating expert without appearing to be an advocate themselves.

Learning Objectives:

After completing the session, attendees will be able to:

• Differentiate between a skilled opposing expert and an advocate
• Identify opposing expert's strategies used to undermine their testimony
• Recognize actions that make them appear to be an advocate
• Identify key steps they can take to demonstrate their independence
• Describe key strategies to manage council and clients' expectations to remain objective and independent

Fields of Study:

2 Personal Development

Prerequisites:

Overview: Learning activity level that provides a general review of a subject area from a broad perspective

Advanced Preparation:

None

Cyndi Livermore

Cyndi  Livermore

MBA, CVA

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