The Latest on Motions to Exclude Financial Experts: The Now-Routine Trial Tactic that Works
Part 4 of BVR's Advanced Webinar Series on Lost Profits Damages
Friday, January 28, 2011
12:00am-2:00am PT • 3:00am-5:00am ET
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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.
- 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
- 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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