July 23 Webcast: The Realities of a Daubert Challenge and Economic Damages — An Update

In the 1993 Supreme Court case of Daubert v. Merrell Dow, the court established a new standard for the admissibility of expert testimony in federal court. Following this decision, the Daubert standard has been a critical hurdle in disputes over the admissibility of financial expert testimony in commercial and securities litigation.

During the past 10 years since the Supreme Court affirmed the Daubert case, most experts have experienced a Daubert challenge, which resulted in the expert testimony being limited or completely excluded.  This webcast will, in part, focus on how to avoid a Daubert challenge or at least minimize its consequences.

This webcast will provide an update on the role of Daubert in cases involving financial expert testimony. Our panel will examine recent case law applying Daubert to such cases, as well as key concepts of damage theory in commercial litigation such as the “But For” concept, lost profit damages, destruction of business damages, causation, reasonable certainty/speculation, and reasonable foreseeability/hindsight.

In addition, the panel will discuss an actual case study focusing on key damage issues, past financial performance, and the ability of the claimant to penetrate the market or raise debt/equity capital. Finally, the panel will present key observations about the case study illustrating key Daubert issues as they relate to damages.

Please join Justin Kay of DrinkerBiddle; and Jeff Litvak and Brent Miller of FTI’s Forensic and Litigation Consulting segment as they address these issues and your questions in a free webcast. To attend this webcast scheduled for Wednesday, July 23, at 1 pm Eastern, please sign up below.