Webinar: Working with and Challenging Expert Witnesses

Panelists will discuss the legal standards for admissible expert testimony, practical tips for working with a scientific expert in science based cases, and strategies for why, when, and how to challenge the opinions of an opposing expert. Mr. Jacobs will discuss the approaches an attorney may pursue in Patent litigation and other Science Based cases. In patent cases, trials were often handled by litigation attorneys in the beginning and only after creation of the Court of Appeals for the Federal Circuit did cases begin to be handled by science-educated attorneys.  Mr. Jacobs saw cases where each side had well qualified experts and rarely was there a “Daubert” challenge. Rather experts were challenged on their scientific analyses. Mr. Michel’s experience is quite different, and his cases involved frequent “Daubert’ challenge for a variety of strategic reasons, particularly challenges to quasi-scientific, social science, and non-scientific experts.  How to use the economic analysis of the other side to help you select one or more experts, and why you might hire more than one will be discussed. Also, the difference between testifying experts and consulting experts will be explored, along with the strategy of when and why to employ them.

Presented by the Senior Lawyers Division and the Younger Lawyers Division.

About the Presenters

Albert Jacobs, Jr., Chair of Senior Lawyer’s Division of the FBA, Albert Jacobs PLLC
With more than 40 years of experience in every phase of Patent Law, Mr. Jacobs has spent the last 30 years litigating Biotech, Pharmaceutical, and Medical Device Patents, for multinational companies both before the Federal District Courts, the Court of Appeals for the Federal Circuit (CAFC) and the International Trade Commission (ITC). He was the first of a group of attorneys to participate in the ITC’s first 100 Day Proceeding dealing with the issue of whether or not there was a Domestic Industry in the subject matter of the Patent. He was successful in proving there was not. He successfully sued a number of large well known foreign companies in one of the largest ITC cases ever filed when he brought an action against 44 companies. He has appeared before the CAFC from its outset and is the only attorney ever to invalidate a Patent for his client on an appeal from an improvidently granted Preliminary Injunction. Mr. Jacobs has participated in numerous Mediations both in the Federal Courts and in the ITC. He was appointed by the Secretary of Commence to a 3-year term on the Patent Public Advisory Committee. He is a Certified Mediator under New York State Statutes and has participated in a wide range of Domestic Family Matters. He has served as a coach for the Association of the Bar of the City of New York in their Mediation Program. A graduate of Harvard College and Columbia Law School where he was a Stone Scholar, he is a member of numerous Bars as well as the Supreme Court of the United States. He is currently Chair Elect of the Maricopa County Bar Association Litigation Section and is the Chair of the Senior Lawyers Division of the Federal Bar Association (FBA), and Chair of the Senior Lawyers Committee of the Phoenix Chapter of the FBA as well as member of that Chapter’s Executive Committee.

David Michel, Partner, Sherin and Lodgen
A partner in the firm’s Litigation Department, his experience includes representing companies in a variety of complex civil and commercial disputes in federal and state court and through alternative dispute resolution. In particular, David represents companies, developers, and landlords involved in real estate and construction disputes, including adverse possession, construction and design contracts, and zoning. He also represents clients in employment matters involving restrictive covenants and wage and hour litigation. Prior to joining Sherin and Lodgen, David was a Staff Attorney for the Committee for Public Counsel Services’ Public Defender Division. After receiving his Bachelor of Arts from The George Washington University in 2006, David returned to his native Massachusetts to pursue a career in law. David received his J.D. from Boston University School of Law in 2011, where he served as submissions editor for the Boston University Public Interest Law Journal and achieved honors in the Litigation and Alternative Dispute Resolution Concentration.

Registration

Registration for this event is now closed.

Attendees will receive the zoom streaming link in their confirmation email. Streaming information will also be circulated via email after registration closes the day prior to the webinar date.

• FBA Member: $0
• Nonmember: $75

Accessibility: Closed captioning and dial-in is available for all virtual webcasts.

Cancellation Policy: No refunds will be made for notices of cancellation received within seven (7) days of the webinar date. No-shows will be billed. Substitutions may be made up to one business day prior to the event except as the Association otherwise agrees in writing. Please contact meetings@fedbar.org with cancellation and/or substitution requests.

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CLE

(!) Please note: CLE for this webinar has not been pre-approved. Applications and subsequent reporting will be filed post-event.

The FBA will seek 1.0 General CLE credit hours in 60-minute states, and 1.2 General CLE credit hours in 50-minute states.

Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction and the FBA takes every measure to collaborate with presenters to ensure approval.

Credit will be processed/reported approximately 4-6 weeks after the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast, answer engagement polls, and accurately enter your bar number in registrant forms to receive credit. Certificates and required documentation for self-reporting states will be issued via email, upon state bar approval. Thank you in advance for your patience, as state bars are experiencing significant delays with virtual program processing.

Access more information about CLE Attendance & Reporting.

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If you have any questions regarding this program, please contact meetings@fedbar.org.