Seminar  Seminar

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

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.

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

David M. Cohen ~ Butler, Snow, O'Mara, Stevens & Cannada, PLLC
Nathan A. Schachtman ~ Nathan A. Schachtman, Esq., PC
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 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:

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.

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Item# 43980
Location:  New York, NY
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Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.