Making the Most of Expert Witnesses

(364 Ratings)

Produced on: June 16, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Beginner

Expert witnesses are among the most important and universal features of modern litigation. Their testimony often is crucial to the outcome of major trials. They occupy a unique place in our legal system, a quasi-objective realm between the manifestly partisan attorneys and parties and the objectivity of the judge and jury. For these reasons, their credibility and effectiveness are critical, yet also vulnerable.

Experts run the gamut from occasional or first-time testifiers to professional witnesses. Whatever their experience level, they benefit from skilled handling in support of their attempts to make highly technical fields accessible to lay judges and juries and to become trusted advisors to the court. At every stage of the process, attorneys’ decisions can help or hinder experts in delivering the most effective and credible testimony.

This course, led by Kelley Drye’s August Horvath, goes through the entire process of an expert’s mission, from initial report drafting to trial cross-examination, highlighting with illustrative examples the dos and don’ts of expert witness support.  Recognizing that not every expert or every lawyer has the same style, and not every case calls for the same type of testimony, the talk describes different approaches and how each can work in the appropriate situation.  It will be of interest not only to outside trial counsel but also to in-house lawyers, as clients become increasingly involved in expert witness selection and preparation.



Learning Objectives:
  1. Grasp the role and scope of expert testimony under federal and state procedural rules
  2. Review the rules for admitting expert testimony under Daubert, the permissible scope of expert discovery under Federal Rule 26, and explore how these play out in practice
  3. Identify the purpose of an expert report, and how to guide an expert to write the most effective and efficient one
  4. Understand how to prepare expert witnesses for deposition
  5. Discover strategies for direct examination of an expert witness at a trial or hearing, and how this differs from a fact witness
  6. Recognize the similarities and differences between an expert deposition and expert witness cross-examination at trial
  7. Appreciate the most important aspects of an expert witness’s effectiveness and credibility, and how to support these at each stage of the litigation process 

Faculty

August Horvath

Foley Hoag LLP

August Horvath, a partner in Foley Hoag's Advertising & Marketing practice, is a noted advertising and antitrust attorney. He counsels clients on how to substantiate and defend marketing claims they wish to make for their products and services, helps them challenge false and disparaging advertising by their competitors, and assists them in managing relationships with competitors, customers and suppliers without running afoul of antitrust laws.

August provides representation in private false advertising and deceptive practices litigation before the Federal Trade Commission (FTC), state Attorneys General and the National Advertising Division (NAD) of the Council of Better Business Bureaus, and litigates in courts across the country. He has helped many companies in fields such as pharmaceuticals, retailing, sporting and other consumer goods, and online Internet services reach their marketing, distribution and competitive goals while overcoming complex challenges of advertising law and antitrust barriers.

August’s antitrust experience includes litigating both civil and criminal cases before the Department of Justice (DOJ) Antitrust Division; FTC investigations and litigation related to conduct and mergers and acquisitions; and private litigation, including class actions with millions of class members. He also counsels clients in establishing marketing programs and distribution arrangements that comply with advertising and antitrust laws and regulations from the outset of their marketing plan development. August’s Ph.D. and hands-on experience in survey research and statistical analysis give him exceptional insight into developing substantiation protocols, designing and assessing research into the implied meaning of advertising claims, and working with and against expert witnesses.

August has been listed among premier attorneys in the U.S. Legal 500 and New York Super Lawyers. A fellow of the American Bar Foundation, he serves as co-chair of the American Bar Association Section of Antitrust Law, Agriculture and Food Committee.

















Reviews

BN
Barbara N.

Presentation was excellent. The course was content rich.

WT
William T.

fast paced, best so far

CE
Corey E.

Thank you

ST
Susan T.

Good content

JM
Jeffrey M.

Good job

KB
Kathleen B.

Very practical advice about using experts!

MH
Michael H.

The different types of experts and how they were described and the advantages/disadvantages of using them was helpful.

SM
Susan M.

Very good and informative CLE on expert witnesses. Thank you.

DG
Douglas G.

Notably good presentation.

DD
dante d.

The lecture knew his area very well and gave a very good presentation

EP
Edward P.

Excellent course.

JB
Julie A. B.

A virtuoso of the craft.

GS
George S.

Very good presenter with clear expertise

ZS
Zvi S.

Very good

MW
Michael W.

Very good overview and effective presentation

AF
Alan F.

This was generally well presented and the presenter was easy to understand and to listen to

DM
Daniel M.

good speaker nice presentation

JW
James W.

Thank you

AS
Assly S.

Great reminders and refreshers even for someone who has been litigating for years.

DM
Dennis M.

One of the best on-line cle presentations I have watched.

LH
Lee H.

This presentation was really good--practical, good common sense, aware of red flags, etc.!!! My favorite line, however, was his praise for expert witness testimony in "My Cousin VinnY"--one of my favorite movies about the courtroom!! The whole lecture was excellent, and would highly recommend it to any and all trial attorneys!!!

DR
Derrick R.

Valuable information and excellent course. Thank you.

MP
Michael P.

This was interesting and informative.

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