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The cost of litigation is continuously accelerating, and when a litigator needs to make use of an expert, that adds another level of complexity to the process. And when the number of valuation and damages cases being filed continues to rise at both state and federal levels, more experienced experts are being needed in all areas of valuation and damages cases. In this program, CONSOR experts will provide insight into the expert’s discipline and work product, an overview on how to manage the process of using experts during the process of arbitration, mediation, or litigation, and how to successfully handle the growing amount of Daubert challenges. CONSOR Chairman Weston Anson wrote the book Expert Witnesses, Valuation & Damages: The Expert’s Point of View published by the ABA, which he hopes will help improve the level of communication between lawyers and experts.
Program Agenda
Maximizing the Benefit of an Expert
Ethical Goals
Setting Parameters on the Expert’s Role
Finding the Best Expert
Expert’s Role Defined by Rule 702 (Daubert)
The Ethics of an Expert’s Damages and Valuation Work
Ethics in Credentialing
Ethical Principles of Expert Management
Ethical Process of Report Writing
Maximizing the Benefits of Your Expert – Discovery
Valuation and Damages
Standard Methodologies
Hybrid and Alternative Methodologies
Evaluation of Damages
Dictating Direction of Analysis
Case Studies
International Arbitration
Valuing Multiple IP Bundles
Right of Publicity Valuation
Learning Objectives
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Be able to prepare a checklist of considerations when deciding on an expert witness
Learn how to maximize the role of an expert witness during the discovery stage
Become familiar with basic valuation methodologies
Be able to categorize intellectual property into different types of bundles
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