This is a webcast of the live New York session.Why you should attend
Familiarity with Daubert challenges is essential to complex litigation. This new seminar will introduce basic and advanced concepts of expert witness admissibility under Daubert that have evolved over the last two decades. The successful challenge to, or defense of, expert witness opinions can make or break a litigant’s chances in court. Almost every major litigation will require the skills and knowledge that this seminar will cover. Our faculty of highly experienced Daubert practitioners will share their insights into how Daubert challenges should be prepared, executed, and argued. This will assist counsel in developing and deploying effective Daubert strategies in any case where the admissibility of expert witness opinion testimony is likely to be challenged.
What you will learn
- Basics of Daubert law and practice
- Excluding your opponents' expert witnesses
- Protecting your own expert witnesses from challenges
- Recent legal developments in the law of Daubert
- Practical considerations in challenging and defending expert witness admissibility
- Strategies for plaintiffs to meet the burden of proof efficiently
Who should attend
Lawyers representing plaintiffs or defendants in federal cases and in multi-district litigation, and in state court cases in states with analogues to Federal Rules of Evidence 702 and 703; in-house counsel managing and supervising litigation involving expert witness issues; insurance claims adjusters and managers.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are E.D.T.
Afternoon Session: 1:00 p.m. - 5:00 p.m. (E.D.T.)
1:00 Opening Remarks and Introduction
- Introduction of panel topics
- State and federal law: Rules 702, 703, 403
- Intersection with multi-district litigation practice
David A. Cohen, Nathan M. Schachtman
1:15 Daubert - The Practice
- The Supreme Court's trilogy and the new Federal Rules of Evidence
- Deciding whether to assert the challenge and notifying the Court
- Deposing an expert to support a Daubert challenge
- Preparing a challenged expert for a deposition
- Navigating pre-deposition expert disclosures - reports, communications, invoices, materials reviewed.
- Nuts & Bolts - Hearings versus written submissions only; lawyer arguments versus witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals
Moderator: David A. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams
2:30 Cutting-Edge Developments in the Law and Practice of Expert Witness Challenges
- Provenance, imprimatur, and improvidence of the new Reference Manual on Scientific Evidence
- General Causation: Weight of the evidence and the Milward decision
- Specific Causation: Differential diagnosis - the Tamraz decision
- Untoward Decisions - Hierarchy of evidence versus radical leveling of evidence
Moderator: Nathan M. Schachtman
Speakers: Joe S. Cecil, David Garabrant, M.D., M.P.H, Mary A. Wells, Michael Williams
3:45 Break
4:00 Demonstrative of A Daubert Hearing - How the Sausage is Made
- Introduction of judge, expert witness, and lawyers, and the Daubert challenge
- Brief opening arguments
- Direct and cross-examination
- Examination by the Court
- Ruling
- Discussion/Q&A
Speakers: David A. Cohen, David Garabrant, M.D., M.P.H., Nathan M. Schachtman, Mary A. Wells, , Michael Williams
5:00 Program Adjourns
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.