Schedule

Conference Leaders: 

Expert Witness Directory

SEAK, Inc. is pleased to present its Fourteenth Annual National Expert Witness Conference. Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This advanced two-day program will include lectures, trial demonstrations, lively question and answer periods, intensive breakout sessions led by a highly qualified faculty, and roundtable discussions where participation by attendees is encouraged.

Conference registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and collegial atmosphere. We are proud to present five preconferences this year including two new preconferences. We are also pleased to provide a continental breakfast each day, an hors d'oeuvre reception on June 16 and a conference luncheon on June 17. Our faculty this year includes three distinguished judges. Our expanded program will permit participants to obtain even more information than in past years.

Thursday, June 16th, 2005

The Honorable John M. Campbell is a Judge on the Superior Court of the District of Columbia. Appointed by President Clinton in 1997, he has served in Civil, Criminal, Domestic Violence, Juvenile, and Child Abuse and Neglect assignments. Before his appointment to the bench, he was a public corruption prosecutor for 13 years, serving most recently as Chief of the Public Corruption/Government Fraud Section of the U.S. Attorney's Office for the District of Columbia. He received his BA from Yale College in 1975, and his JD from Yale Law School in 1981, where he was the Editor-in-Chief of the Yale Law Journal. After law school, he clerked for Judge Jon O. Newman of the U.S. Second Circuit Court of Appeals.

By Carol Henderson, Professor, JD
Professor Henderson will review the various methods attorneys use to locate, select, and evaluate expert witnesses. She will discuss the numerous ways attorneys gather information about experts and investigate their credentials and prior testimony. Professor Henderson will also explain the legal and ethical limits of such investigation. Professor Henderson will offer practical suggestions on how experts can ensure that their qualifications and prior testimony will be viewed in the most favorable light and withstand rigorous cross-examination. Questions and Answers.

Professor Carol Henderson is the Director for The National Clearinghouse for Science, Technology and the Law at Stetson University College of Law in Gulfport, Florida. Professor Henderson received her JD degree from The National Law Center, George Washington University in 1980. She began her legal career as an Assistant United States Attorney in Washington, DC. She also practiced corporate litigation in a national law firm. She is also a Professor at The Shepard Broad Law Center, Nova Southeastern University in Fort Lauderdale, Florida. Professor Carol Henderson is a recognized authority in Scientific Evidence, Criminal Law and Ethics. She has presented more than 100 lectures and workshops to thousands of expert witnesses and attorneys worldwide on the topics of scientific evidence, courtroom testimony, and professional responsibility. Professor Henderson has written three books, including Scientific Evidence in Civil and Criminal Cases, and over forty articles on scientific evidence, law and ethics. She is one of the editors of the recently published Encyclopedia of Forensic and Legal Medicine.

Jeffrey J. Kroll, Esq. is a partner at the Clifford Law Offices, PC, a Chicago law firm that focuses primarily on plaintiff's tort litigation. Mr. Kroll graduated from DePaul University College of Law. In 2002, Attorney Kroll was selected by the National Law Journal as one of the top 40 attorneys in America under the age of 40. In the Spring of 2000, Mr. Kroll was selected as one of the Top 40 attorneys under the age of 40 in the State of Illinois. In 2002, Mr. Kroll settled in excess of $25 million dollars in settlements, $10 million of that coming in a medical malpractice case against Resurrection Hospital for injuries resulting in a child's brain damage. In 2004, Mr. Kroll settled a case in New Mexico for $15 million dollars and a premises liability case in Northwest Indiana for $6.6 million dollars. On at least thirty (30) occasions, Mr. Kroll has obtained verdicts or settlements in excess of a million dollars.

Expert witness David R. Pesuit, PhD, is President of the Accident Analysis Group, an accident reconstruction firm in Northampton, Massachusetts with almost 30 years of experience with fires and explosions, mechanical failures, and large vehicle accidents. The Accident Analysis Group pioneered computer-based case presentation in the early 1980s and is still at the forefront of this technology. Dr. Pesuit received his BS and BA from Lehigh University and his PhD from Yale.

OR

By James R. Dobbs, PhD, PE
Dr. Dobbs will review how experts in multiple expert cases can compliment each other avoiding conflicts and overlapping responsibilities. He will discuss how and when the experts should conference with retaining counsel. Dr. Dobbs will demonstrate the consequences of experts being divided and conquered and impeached by opposing counsel. Dr. Dobbs will offer practical advice on how to properly define the roles and responsibilities of the experts in multiple expert cases. Questions and Answers.

James R. Dobbs, PhD, PE, is a Vice President of Engineering at Benedict Engineering Company, a forensic engineering company located in Tallahassee, Florida. Dr. Dobbs received his BS and MS in materials engineering at the University of Alabama at Birmingham (UAB) and his PhD in materials science and engineering at the University of Florida. Dr. Dobbs is an experienced testifying engineer with special emphasis in metallurgy, product analysis, and vehicular accident reconstruction.

By Paul M. Mannix, Esq.
Attorney Mannix will review the principles governing communications among experts, retaining counsel and litigants. He will discuss the discoverability and the privileged nature of documentation and provide practical advice on the use of both oral and written forms of communication. Attorney Mannix will explain the importance of the expert, as opposed to counsel, authoring reports and the potential damage of receiving excessive assistance from a retaining attorney in preparing reports. Questions and Answers.

Paul Mannix, Esq. is a partner and trial attorney with the Pittsburgh law firm of Wayman, Irvin & McAuley. He received his BA from Bucknell University and his JD from the University of Pittsburgh School of Law. Attorney Mannix is a member of the Pennsylvania and Allegheny County Bar Associations and the Defense Research Institute. His practice areas include architect and engineer litigation, construction law, municipal law, insurance law, professional liability, and trucking law. Attorney Mannix is the author of Control of Work Product - Avoiding Harmful Expert Disclosures and is a frequent lecturer to design professionals on risk management.

OR

By Marc A. Rabinoff, EdD
Dr. Rabinoff will discuss the issues surrounding the operation of a professional consulting business for forensic experts in all fields or disciplines including marketing your practice, constructing a marketing plan for expanding your offerings as a forensic expert, devising a strategic plan for future consulting assignments, and having professional exposure. Dr. Rabinoff will explain how to set consulting fees and bill law firms and insurance companies or other business entities and how to deal with the issue of what you are paid when asked on the stand or in depositions. Dr. Rabinoff will share his professional experience of over 25 years as a forensic expert in all these matters. Dr. Rabinoff will offer practical suggestions on how to avoid the most common pitfalls any forensic expert may be facing in the litigation process where experts are involved. Questions and Answers.

Marc A. Rabinoff, EdD, is Chair and Professor, Department of Human Performance, Sports and Leisure Studies, at Metropolitan State College of Denver, Denver, Colorado. He received his BS degree from Southern Connecticut State College, his MS from Arnold College of Physical Education at the University of Bridgeport, and his EdD from the College of Education at the University of Houston. Dr. Rabinoff is a highly experienced expert witness and consultant and is President of Rabinoff Consulting Services, Inc., in Littleton, Colorado. He has written extensively and lectured both nationally and internationally. Dr. Rabinoff is the co-author of The Forensic Expert's Guide to Litigation: The Anatomy of a Lawsuit.

By Mark W. Freel, Esq.
Attorney Freel will review the ways an expert can make himself invaluable to retaining counsel including availability, providing insight into the issues, candor, review of the opposing expert's report, and suggestions on literature searches, fact investigations, and demonstrative aids. He will explain the importance of attention to detail, appearance, credibility, and a clear concise report. Attorney Freel will demonstrate how invaluable experts are willing to defend their report and opinion without being an advocate. Attorney Freel will offer practical suggestions on how experts can act as teachers and clearly and confidently testify at deposition and trial. Questions and Answers.

Mark W. Freel, Esq. is a Deputy Practice Group Leader for Litigation at the firm of Edwards & Angell, a 325-person, full-service law firm with offices in Boston, New York, Providence, Hartford, Stamford, New Jersey, Florida, and Wilmington, Delaware. He received his BA and his MA from the University of New Hampshire and his JD from the University of Connecticut. Attorney Freel is a top commercial litigator who has also tried products liability actions, mass tort cases, and premises liability cases. Attorney Freel has written and lectured extensively and is a member of the Federal Bar Association and the Defense Research Institute.

OR

By Ronald S. Ostrowski, PhD
Dr. Ostrowski will review a typical case from beginning to end. He will explain the dos and don'ts of consulting. Dr. Ostrowski will demonstrate how to best testify and interact with the jury. Dr. Ostrowski will offer practical suggestions to expert witnesses/consultants on how best to educate and prepare your attorney client. Questions and Answers.

Ronald S. Ostrowski, PhD, is an Associate Professor of Biology at the University of North Carolina at Charlotte and President of Professional Consulting Services in Charlotte, North Carolina. Dr. Ostrowski received his BS and MS from Northern Illinois University and his PhD from the University of Notre Dame. Dr. Ostrowski is an experienced expert witness and has acted as an expert witness/consultant in over 300 cases in the past 10 years. Dr. Ostrowski has written and lectured extensively and has been the recipient of many distinguished honors and awards. Dr. Ostrowski is a member of the American Academy of Forensic Sciences.

Dr. Dobbs will discuss when to add other experts to your practice and how to do so without jeopardizing your client base. He will review how to grow your practice with the use of demographic analysis, marketing, and sales. He will explain how to locate the lawyers and law firms that can help you add to your base of good clients. Dr. Dobbs will offer practical, cost-effective suggestions for building an ethical premiere expert witness practice. Questions and Answers.
OR

By Thomas R. Porter, CPA, Esq., CFFA, CVA
Mr. Porter will explain how a full understanding of the Federal Rules of Civil Procedure and the Federal Rules of Evidence are crucial for all experts who testify. He will discuss issues such as designation of experts; attorney work product doctrine; Daubert/FRE 702; and FRCP 26 (a)(2)(B) (expert reports). Mr. Porter will review not only the rules themselves, but will also discuss recent developments in the case law that interprets and adds meat to the bones of the rules.

Thomas R. Porter, CPA, Esq., CFFA, CVA is a co-founder of Value Consultants, LLC, a Springfield, Virginia firm specializing in the provision of forensic accounting, damages analyses, business valuation, expert witness and business consulting services. He received his BIE and MSIE degrees from the Georgia Institute of Technology and his JD from the George Washington University. He is a licensed Certified Public Accountant; a member of the District of Columbia and Virginia Bars; a Certified Forensic Financial Analyst; and a Certified Valuation Analyst. Mr. Porter has provided expert witness testimony through affidavit, declaration, deposition and/or at trial at the state level in the District of Columbia, Maryland, New York and Virginia; at the federal level before the General Services Board of Contract Appeals; the U.S. Government Accountability Office; the U.S. Bankruptcy Court for the Eastern District of Virginia; the U.S. District Courts for: New Jersey, Maryland, the Eastern District of Virginia, the Eastern District of Pennsylvania, and the Eastern District of Missouri; and at the congressional level before the U.S. House of Representatives Committee on Standards of Official Conduct. Mr. Porter is a highly experienced and distinguished speaker. Questions and Answers.

Judge Wolfson will review common mistakes expert witnesses make in presenting testimony. He will discuss how and why those mistakes occur. Judge Wolfson will explain the impact those mistakes have on the fact finder, be that fact finder a jury or a judge. Judge Wolfson will offer practical advice on how to give effective testimony while avoiding those mistakes. Questions and Answers.

Honorable Warren D. Wolfson received his LLB from the University of Illinois in 1957. After eighteen years of criminal defense practice, he was appointed to the Circuit Court of Cook County in 1975 and elected to that position in 1976. He was assigned to the Illinois Appellate Court on December 1, 1994, where he now serves. Judge Wolfson, co-author of Trial Evidence, 3rd ed., and Materials in Trial Advocacy, 5th ed., has been director of the Trial Advocacy program at Chicago-Kent since 1971. He taught trial advocacy at the University of Chicago Law School from January 1985, to May 2000, and has taught and lectured for the National Institute for Trial Advocacy. He currently teaches an Advanced Evidence Seminar at Chicago-Kent.

By Danit Ran Schreiber
Ms. Ran Schreiber will discuss the importance of making a positive first impression on the judge and jury. She will review the process of gathering data through the testimony. Ms. Ran Schreiber will explain what gestures undermine credibility and are to be avoided and how to manage appearance as a strategic tool for maximum impact; deal with irrationality in the courtroom; and manage nonverbal communications including body language to win credibility to convey authority. Ms. Ran Schreiber will demonstrate techniques that can help you to be perceived as calm and poised. Questions and Answers.

Danit Ran Schreiber, founder of Image Democracy, is a Corporate and Executive Image Consultant. She specializes in business-oriented image management, nonverbal communication skills and business etiquette. Danit was recently appearing as an image expert on Fox News Live, the Wall Street Journal, the NY POST, the Pittsburgh Tribune Magazine, Fast Company, The Express-Times, Westchester Business Review and more. A seasoned speaker, Danit is a trained litigator, former advertisement executive, former CEO of a mediation firm and a former actress. She is the media contact for the Association of Image Consultants International (AICI), NY area and the Chair of Corporate Sponsorship and Strategic Alliance International committee for the AICI. Danit is a member of the fashion group international and the international coach federation.

By Richard Waites, JD, PhD
Dr. Waites will explain and demonstrate how experts can become an indispensable part of a trial lawyer's effort to convince judges, jurors, and arbitrators. He will focus on helping experts understand how courtroom decision makers make their decisions, how to provide them with what they need from you, and how to persuade them that your findings and opinions are correct and more reliable than those of your opponent. Dr. Waites will discuss techniques to use in becoming a more persuasive expert witness and will offer practical suggestions on how to become a world-class expert witness. Questions and Answers.

Dr. Richard Waites is one of only 10 people in the United States who are board certified civil trial attorneys and trial psychologists. He is the CEO of The Advocates, one of the nation's leading trial consulting firms. Dr. Waites has been involved in more than 1,100 civil cases assisting with the development of persuasive trial strategy, training witnesses, jury selection, and consulting with trial teams in the courtroom. He has more than 25 years experience working with judges, jurors, and arbitrators and studying their mental processes and decision-making behavior. Dr. Waites obtained his law degree from the University of Houston Law Center in Houston, Texas and his doctorate in psychology from Walden University in Minneapolis, Minnesota.

By Bert Black, Esq.
Attorney Black will review the origins of two legal concepts that often bedevil experts when they have to testify about causation. The first is the so-called "substantial factor" test; the second is "reasonable degree of certainty." He will discuss the difference between "cause in fact" and "legal causation," and how confusion has developed about the relationship between the "substantial factor" test and these two very different aspects of causation. He also will discuss how "reasonable certainty" relates to the legal "preponderance of the evidence" standard of proof. Attorney Black will explain that properly understood, both the "substantial factor" test and "reasonable certainty" can fit within the kind of logical framework experts understand and use in their day-to-day out of court work. He will demonstrate how to apply a rational causation framework in actual cases. Attorney Black will offer practical suggestions for experts on how to explain probabilistic causation to juries and how to frame opinions that will not be subject to Daubert motions or motions for summary judgment. Questions and Answers.

Attorney Bert Black is of counsel with the Dallas, Texas law firm of Diamond McCarthy Taylor Finley Bryant & Lee, and he teaches product liability law at the Southern Methodist University Law School. He focuses his litigation practice on cases involving complex scientific, technical or economic issues. He received his BS in Civil Engineering from the University of Maryland, his MS in Civil Engineering from the Georgia Institute of Technology, and his JD from Yale Law School. He has practiced as a litigator for over twenty years, and has handled a wide variety of cases. Attorney Black has represented both plaintiffs and defendants in product liability cases involving pharmaceutical products, chemicals, and building materials. In the environmental area he has worked on cases involving ground water contamination, personal injuries, and cleanup costs, again representing both plaintiffs and defendants. He also has worked on securities and accounting fraud cases. Attorney Black is past chair of the American Bar Association's Section of Science and Technology Law and has published extensively on science and the law.

OR

By Robert L. Byman, Esq.
Attorney Byman will review how attorneys use the expert's own report and the road map it provides in cross-examination. He will discuss the pros and cons of too much or too little detail. He will discuss FRCP 26(b), preliminary and draft reports, notes, tentative opinions, correspondence with counsel, and the influence of retaining counsel. Attorney Byman will offer practical advice on how experts can best insulate and protect themselves from cross-examination based on their own reports. Questions and Answers.

Robert L. Byman, Esq. is a partner in the law firm of Jenner & Block's Chicago office. He is a member of the Firm's Litigation, Arbitration: Domestic and International, Intellectual Property and Technology Law, and Securities Litigation Practices. Mr. Byman is a fellow of the American College of Trial Lawyers and serves as the chairman of its Committee on Federal Civil Procedure. Mr. Byman earned his BA and JD degrees from the University of Illinois. Mr. Byman is the former Assistant General Counsel of the A.C. Nielsen Company. Mr. Byman has tried dozens of cases to jury or bench verdict in a gamut of substantive areas, including intellectual property, commodities and securities, trade practices, environmental, employment, land use, professional liability, civil rights, and a wide variety of complex contractual disputes with issues such as insurance, construction, franchising, licensing, and corporate acquisitions and reorganizations. Mr. Byman was lead counsel for General Electric Capital Corporation in a six-week jury trial in a complex contractual dispute against General Motors Corp. and its subsidiary DirecTV, Inc. The result for GECC was the largest jury verdict ever in the State of Connecticut - $133,000,000.

By Cyril H. Wecht, MD, JD
Dr. Wecht will explain the role of the medical/forensic scientific expert in civil and criminal litigation, the importance of such consultants, and the ethical and professional aspects of such consultative services. He will discuss the potential problems and pitfalls of expert testimony and the need to properly prepare for depositions and trials. Dr. Wecht will demonstrate some of the correct (and incorrect) ways to testify. He will give some examples of appropriate and inappropriate testimony. Dr. Wecht will offer time-tested suggestions for how experts can best provide honest, objective testimony that will prove helpful in addressing the key issues in a particular case. He will refer to Daubert/Frye and the Federal Rules and their impact on the introduction of expert testimony. Questions and Answers.

Cyril H. Wecht, MD, JD, is Coroner of Allegheny County, as well as one of the country's leading forensic pathologists and has testified over 1,000 times in a 40-year career. He received his medical degree from the University of Pittsburgh, and his law degree from the University of Maryland. Dr. Wecht is certified by the American Board of Pathology in anatomic, clinical, and forensic Pathology, and is also a Fellow of the College of American Pathologists and the American Society of Clinical Pathologists. Dr. Wecht is actively involved as a medical-legal and forensic science consultant, expert, author, and lecturer. He has performed approximately 15,000 postmortem examinations, and reviewed or supervised about 35,000 other autopsies. Cyril H. Wecht is a Clinical Professor at the University of Pittsburgh Schools of Medicine, Dental Medicine, and Graduate School of Public Health, and holds positions as an Adjunct Professor at Duquesne University Schools of Law, Pharmacy and Health Sciences. He is a Distinguished Professor of Anatomy and Physiology at Carlow University, and founder of the Cyril H. Wecht Institute of Forensic Science and Law at Duquesne University. The author of more than 500 professional publications, Dr. Wecht is also an editorial board member of more than 18 national and international medical-legal and forensic scientific publications and editor of the five-volume set, Forensic Sciences.

OR

Jim Gotz, Esq. is a partner in the Boston office of Robinson & Cole LLP, and a founding member of the firm's Mass Tort and Complex Litigation Group. Since 1998, Jim has focused his practice on the prosecution of individual catastrophic injury tort claims against pharmaceutical manufacturers. Jim and his colleagues prosecuted dozens of the most serious cases arising from the national fen/phen diet drug litigation, including the first-in-the-nation wrongful death case tried in Massachusetts in 2000. Mr. Gotz currently represents stroke victims across the country against the manufacturers of the over-the-counter cough/cold ingredient PPA. He and his MTCL team also serve in national leadership roles in the Federal Court fen/phen and PPA multi-district litigation, to develop experts and discovery for the benefit of all plaintiffs. Jim currently serves as Co-Chair of the Boston Bar Association's Tort Committee and Chair-Elect of the Section on Toxic, Pharmaceutical and Environmental Torts (STEP) for the Association of Trial Lawyers of America. Mr. Gotz earned his JD, with honors, from Suffolk Law School in 1994 and his BA from the University of Michigan in 1991.

By David M. Benjamin, PhD
Dr. Benjamin will discuss how experts can utilize active listening skills to recognize and better respond to trick and difficult questions. Dr. Benjamin will review the rules of civil procedure which govern privilege and protect the expert against abusive tactics such as annoyance, embarrassment, oppression, and overly burdensome discovery requests. He will also explain how to deal with threats made by counsel and other abusive tactics and how to respond to improper questions and questions designed to obtain concessions, admissions, and confidential (privileged) information. Dr. Benjamin will demonstrate how to deal with these situations with the assistance of volunteers from the audience.

David M. Benjamin, PhD, is a clinical pharmacologist and toxicologist in Chestnut Hill, Massachusetts. He received his BA from Boston University and his MS and PhD in Pharmacology from the University of Vermont College of Medicine. Dr. Benjamin is an experienced consultant and expert and has more than 180 presentations and publications to his credit. Dr. Benjamin is a trained arbitrator and mediator, and has lectured extensively on the role of experts and consultants in the legal system, and has taught scientific evidence at George Washington School of Law and Stetson Law School. He is an Adjunct Assistant Professor at Tufts University School of Medicine. Questions and Answers.

OR

By David A. Dodge, CSP
Mr. Dodge will explain how many lawyers do not know how to use the expert to their advantage in a timely and efficient manner. He will explain how to address legal professionals in groups before they contact you and the forums in which this contact can take place. He will discuss what, after the initial contact by the lawyer, questions to ask and what material to ask for to make the expert's time and advice more valuable. Attendees will learn now to gently, but forcefully, help the lawyer, and in turn the legal profession, realize how to best use the expert's knowledge.

David A. Dodge, CSP, is a safety and forensic consultant performing accident analysis and is a loss control consultant in Standish, Maine. Mr. Dodge received his BS in marine engineering from Maine Maritime Academy and has received industrial safety training at Syracuse University, the University of Massachusetts, and Northeastern University. Mr. Dodge has written and lectured extensively and is an experienced expert witness. Questions and Answers

By Paul R. Cox, Esq.
Attorney Cox will discuss how opposing counsel will attempt to "conflict out" experts and disqualify them due to their qualifications, methodology, and proposed testimony. To the extent experts are not per se disqualified, he will explain how they are effectively neutralized or destroyed by their lack of knowledge of case detail, bias, etc., and even worse, how they may be used to "implode" their own case, often on collateral issues. Attorney Cox will demonstrate, with examples, how the above occurs at various stages in the case. Attorney Cox will offer experts practical advice on how experts can inoculate themselves and their proposed expert testimony from such attacks.
Paul R. Cox is a senior partner in the Dover, New Hampshire law firm of Burns, Bryant, Cox, Rockefeller & Durkin. Attorney Cox received his BS from College of the Holy Cross and his JD from Suffolk University Law School. Attorney Cox has lectured extensively including at the New Hampshire Bar Association's Advanced Trial Practice Courses. He is perennially listed in the Best Lawyers In America and has been recognized as "The Lawyer's Lawyer." Attorney Cox concentrates in personal injury litigation and has been responsible for million dollar verdicts and settlements and was lead counsel in the landmark Irving v. USA case. Questions and Answers

OR

Attorney Byman will discuss the differences between formal court proceedings in arbitration proceedings as they apply to expert witnesses; although there is a broad range of procedural possibilities in arbitration, in general there would be less discovery and less formality, all of which gives an expert greater latitude both in the formulation and the articulation of opinions. Attorney Byman will offer practical advice on how experts should conduct themselves in arbitration proceedings. Questions and Answers.