Seminar  Seminar

Daubert Practice 2013: How to Avoid Getting Sliced by Cutting-Edge Developments in Expert Witness Challenges


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Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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.

Afternoon Session: 1:00 p.m. - 5:00 p.m.

1:00 Introduction

David M. Cohen, Nathan M. Schachtman

1:15 Daubert - The Practice

  • State and federal law: Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells

2:15 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, cross, and redirect examinations
  • Examination by the court

Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

3:15 Networking Break

3:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

5:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
Columbus Groupcast Location

Columbus Bar Association, 175 S. Third Street, Suite 1100, Columbus, OH 43215. Phone: 614-221-4112, FAX: (614) 340-2081.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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.

Afternoon Session: 1:00 p.m. - 5:00 p.m.

1:00 Introduction

David M. Cohen, Nathan M. Schachtman

1:15 Daubert - The Practice

  • State and federal law:  Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator:  Nathan M. Schachtman
Speakers:  David M. Cohen, Michael Williams, Mary A. Wells

2:15 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, cross, and redirect examinations
  • Examination by the court

Participants:  Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

3:15 Networking Break

3:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator:  David M. Cohen
Speakers:  Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

5:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers,
1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

This is a webcast of the live New York session.

Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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 Introduction

David M. Cohen, Nathan M. Schachtman

1:15 Daubert - The Practice

  • State and federal law: Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells

2:15 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, cross, and redirect examinations
  • Examination by the court

Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

3:15 Networking Break

3:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

5:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
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, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, 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.

Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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 C.D.T.

Afternoon Session: 12:00 p.m. - 4:00 p.m. (C.D.T.)


12:00 Introduction

David M. Cohen, Nathan M. Schachtman

12:15 Daubert - The Practice

  • State and federal law: Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells

1:15 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, cross, and redirect examinations
  • Examination by the court

Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

2:15 Networking Break

2:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

4:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
Nashville Groupcast Location

The Nashville Bar Association, 150 4th Avenue, North, Suite #1050, Nashville, TN 37219. (615) 242-9272.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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 C.D.T.

Afternoon Session: 12:00 p.m. - 4:00 p.m.  (C.D.T.)


12:00 Introduction

David M. Cohen, Nathan M. Schachtman

12:15 Daubert - The Practice

  • State and federal law: Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells

1:15 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, cross, and redirect examinations
  • Examination by the court

Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

2:15 Networking Break

2:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

4:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
Alabama Groupcast Location

Cumberland School of Law, Samford University, 800 Lakeshore Drive, Birmingham, AL 35229

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued 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.

Afternoon Session: 1:00 p.m. - 5:00 p.m.

1:00 Introduction

David M. Cohen, Nathan M. Schachtman

1:15 Daubert - The Practice

  • State and federal law: Rules 702, 703, and 403
  • The Supreme Court's trilogy and the new Federal Rules of Evidence
  • Deciding whether and how to assert the challenge
  • 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 vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals

Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells

2:15 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, cross, and redirect examinations
  • Examination by the court

Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.

3:15 Networking Break

3:30 Discussion of Daubert Rulings and 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 vs. radical leveling of evidence

Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.

5:00 Program Adjourns

Co-Chair(s)
David M. Cohen ~ Baker Botts LLP
Nathan A. Schachtman ~ Nathan A Schachtman, Esq., PC
Speaker(s)
Joe S. Cecil, Ph.D., J.D. ~ Division of Research, Federal Judicial Center
David Garabrant, M.D., M.P.H. ~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
Mary A. Wells ~ Wells, Anderson & Race, LLC
Michael Williams ~ Williams Love O’Leary & Powers
Program Attorney(s)
Laurie Gilbertson ~ Practising Law Institute
Cleveland Groupcast Location

The Cleveland Metropolitan Bar Association, 1301 East 9th Street, Cleveland, OH 44114. 216-696-2404.

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