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The Daubert requirement that a judge "ensure that any and all scientific testimony or evidence admitted [at trial] is not only relevant, but reliable" has sent shockwaves through the financial expert community. As appraisers, accountants, and forensic specialists seek to bolster their credentials, admissibility, and, by extension, their reputations, the emerging narrative of Daubert requirements and guidelines has provided attorneys and experts with a road map to both motions to exclude and indemnification from those motions.
In the final installment of BVR's Advanced Webinar Series on Lost Profits Damages, attorneys Jonathan Dunitz and Robert Lloyd discuss historical and emerging case law along with their own experiences and analysis of these motions and their outcomes. Anyone whose role involves court room testimony should not miss this presentation.
Program Agenda
Importance of motions to disqualify
Writing the report to insulate it from attack
Using the Daubert factors in the report
Explaining away objections in advance
Writing the report for this judge
Attacks on expert qualifications
Attacks on assumptions
Attacks on underlying data
Attacks on methodology
Alternative scenarios
Dealing with inconsistent facts
When to decline an engagement
Learning Objectives
Learn the why and how motions to exclude are implemented and what you should do to prepare yourself for testimony
Understand how your report comes into play in this process and how to author a challenge-proof report
Learn where your testimony will be attacked, and what you can do to head-off these challenges
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