17th Annual Expert Witness Conference
Complete Schedule

Judge Walton will review why some expert witnesses are more credible than others. Judge Walton will discuss what type of testimony does and does not impress a judge and jury and the type of testimony that turns off a judge and jury. Judge Walton will provide practical suggestions for experts for improving their testimony and effectiveness. QUESTIONS & ANSWERS. Learning Objective: List techniques for providing more effective expert testimony.

Judge Reggie B. Walton is a United States District Judge for the District of Columbia. In May 2007, Chief Justice John Roberts appointed Judge Walton to serve as a Judge of the United States Foreign Intelligence Surveillance Court, which is a 7-year appointment. Before his appointment to the bench, Judge Walton served as the Executive Assistant United States Attorney in the Office of the United States Attorney in Washington, DC, and was an Assistant United States Attorney in that Office as well. Judge Walton has been the recipient of numerous honors and awards, including his inclusion in the 2001 edition of The Marquis Who’s Who in America and the 2000 edition of The Marquis Who’s Who in the World. Judge Walton has been active in working with the youth of the Washington, DC area and throughout the nation. He has served as a Big Brother and frequently speaks at schools throughout the Washington Metropolitan area concerning drugs, crime, and personal responsibility.

Dr. George will explain the characteristics and techniques used by successful expert witnesses, including: keeping it simple, persuasion, reading and relating to the jury, demeanor, and making your testimony come to life. He will draw on his courtroom experience to demonstrate successful strategies and techniques that can be employed by expert witnesses. QUESTIONS & ANSWERS. Learning Objective: Describe techniques to be a more effective expert witness.

Gerald S. George, Ph.D. is Professor Emeritus Department of Kinesiology at the University of Louisiana. He has served as author, contributor, and/or senior editor to over ten textbooks, 120 article publications, and nine funded grants. Dr. George received his M.S. from Springfield College, and his B.S. and Ph.D. from Louisiana State University. He has lectured and written extensively on biomechanics, gymnastics, diving, sports, and physical education. Dr. George is an experienced expert witness.

Attorney Horowitz will discuss and demonstrate with the use of videos, how expert witnesses in major trials have destroyed themselves. He will explain the level of scrutiny experts can expect and how they should prepare for trials. Attorney Horowitz will discuss the expert testimony in such cases as People v. Scott Peterson, the Michael Jackson case and other high profile cases, and offer practical suggestions on how experts can improve their performance at trial. QUESTIONS & ANSWERS. Learning Objective: Identify mistakes that can damage an expert’s credibility.

Daniel Horowitz, Esq. is a nationally prominent criminal defense attorney who has taken over 150 major criminal cases to trial. He is a national Legal Commentator seen on the Abrams Report, Court TV, and CNN with Nancy Grace, Fox News, Rita Crosby, Catherine Crier, Lisa Bloom, Robert Massi, and many others. Attorney Horowitz also appears as a Legal Commentator on all major television networks including CBS, ABC, FOX and NBC. His international defense work has taken him to over fifteen countries. Attorney Horowitz has represented Pavel Lazarenko (the former Prime Minister of Ukraine), Al Pacino, Geraldo Rivera and other high profile clients. He has also had extensive experience with expert witnesses. Attorney Horowitz received his B.A. from Hampshire College and his J.D. from Southwestern University School of Law, Los Angeles.

Jim Robinson, Esq. is an attorney who specializes in construction defect, personal injury, and business litigation for both plaintiffs and defendants. He is a member of the California Bar Association, American Bar Association, Defense Research Institute, American Trial Lawyers Association, Los Angeles County Bar Association, Los Angeles Trial Lawyers Association, and Consumer Attorneys of California. Attorney Robinson is also Education Chair for the California Bar, Law Practice Management and Technology section. Attorney Robinson has written and lectured extensively on expert witnesses and is the co-author of “Finding and Researching Experts and Their Testimony.” Attorney Robinson is founder of JurisPro, Inc. which maintains a national directory of expert witnesses.

James R. Hitchner, CPA/ABV/ASA, is Managing Director of The Financial Valuation Group, President of the Financial Consulting Group and Editor in Chief of Financial Valuation and Litigation Expert, a bimonthly journal that presents views and tools from some of the leading experts in valuation, forensics/fraud and litigation services. Mr. Hitchner is editor/coauthor of the books Financial Valuation: Applications and Models, second edition; Financial Valuation Workbook, second edition, and Valuation for Financial Reporting, Fair Value Measurements and Reporting: Intangible Assets, Goodwill, and Impairment, second edition, all published by Wiley. Mr. Hitchner has been recognized as a qualified expert witness and has provided testimony on valuations in numerous state and federal courts. He has spent 27 years in valuation services including as a shareholder with Phillips Hitchner Group, partner-in-charge of valuation services for the Southern Region of Coopers & Lybrand (currently PricewaterhouseCoopers), and senior appraiser with American Appraisal Associates. He has a Bachelor of Science degree in Engineering from the University of Pittsburgh and a Masters of Business Administration degree from Rider University. In the valuation area he has coauthored 20 courses, taught over 60 courses, published over 60 articles, and has made over 100 conference presentations. He is also an inductee in the AICPA BV Hall of Fame and a two time recipient of the AICPA’s Volunteer of the Year award.

David A. Kochman, Esq., is a member and trial attorney in the New York law firm of Harris Beach. He received his BA from Tufts University and his JD from Emory School of Law. Attorney Kochman is chair of the Biomechanics and Injury Causation Specialized Litigation Group of the Defense Research Institute (DRI). He is the immediate past co-chair of DRI’s Recreational Products Specialized Litigation Group. Attorney Kochman serves on the Steering Committee of the Products Liability Committee. He has published numerous articles and lectured extensively in the products liability field regarding admissibility of expert testimony, crashworthiness in automotive litigation, establishing defenses such as assumption of the risk and open and obvious dangers, rebutting failure to warn claims, and legal ethics. Mr. Kochman published the article, “Why, When and How to Use Testimony,” in the November 2006 edition of DRI’s For The Defense. In March 2007, Mr. Kochman spoke on the topic, “How to Litigate a Products Case: The Fundamentals,” for a New York State Bar Association CLE program. He is on the Editorial Board for DRI’s Daubert Compendium 2002 and authored a chapter of the Compendium entitled “What is the Known or Potential Rate of Error.”

Kristopher J. Seluga is a mechanical engineer and safety expert in the forensic engineering company Technology Associates. He received his MS and BSME at MIT. Mr. Seulga is a licensed professional engineer and ACTAR accident reconstructionist. He has investigated hundreds of motor vehicle, machinery, and fall accidents. Mr. Seulga is an experienced expert witness.

Charles Seigerman, Ph.D., is a clinical Neuropsychologist in private practice in Livonia, Michigan. He has worked in the field for over 25 years. Dr. Seigerman received his BGS, MA, and Ph.D. from the University of Michigan.  Prior to entering private practice, he was the Director of Neuropsycholgy and Outpatient Traumatic Brain Injury Services at St. Joseph Mercy Hospital, Ann Arbor. For many years, he was an instructor in the University of Michigan’s Graduate School of Business Instructional Development Workshop. Dr. Seigerman has lectured on the topics of traumatic brain injury and Neuropsycholgy to medical and rehabilitation professionals and attorneys. He has also lectured and participated in conferences sponsored by the Institute for Continuing Legal Education, the educational consortium of the Michigan Bar Association and the state’s law schools. A number of those seminars have involved expert witness training. Dr. Seigerman has testified on behalf of both plaintiffs and defendants in circuit, state and federal court.

Attorney Shannon M. Kos is a personal injury trial attorney in the Southfield, Michigan law firm of Collins, Einhorn, Farrell & Ulanoff, P.C. She concentrates on product liability litigation, toxic tort litigation, fire and explosion litigation, mold litigation, and general liability litigation. Attorney Kos is certified as a Fire and Explosion Investigator by the National Association of Fire Investigators. In addition to her litigation work, she has published articles concerning the defense of personal injury claims in the construction context and testing in product liability suits. Attorney Kos received her BA from The Colorado College and her JD from William Mitchell College of Law.

Edward L. Fronapfel is a principal in the forensic engineering firm of Professional Investigative Engineers (PIE), which has branches in Colorado, Arizona, and Florida. Mr. Fronapfel holds a Bachelor of Science in Civil Engineering from Colorado State University and a Master of Science in Civil Engineering from the University of Colorado. Mr. Fronapfel’s background includes geo-hydrology, hydrology, hydraulics, civil engineering, structural engineering and building envelope. His work has been extensive in construction and engineering forensics from Civil Disciplines, Structural Disciplines, Building Envelope, and Claims Analysis. He is a registered engineer in the states of Colorado, Florida, Nebraska, New Mexico, Nevada, North Dakota, Texas, Mississippi, and Wyoming. He is the author of many published articles, including “Inframation, Proceedings Volumes 4, 5, and 6,” “Colorado Claims Guide,” “Building Integration Solutions, ASCE through AEI,” and RCI. Mr. Fronapfel is an experienced expert witness and has testified at arbitrations, mediations, and bench and jury trials and has also been deposed over 150 times in 7 years. Mr. Fronapfel is an Adjunct Professor at the University of Denver and an ASHRAE Distinguished Lecturer. He is a Certified Forensic Claims Consultant, a Senior Member of the National Academy of Forensic Engineers, a Member of the National Academy of Building Engineers, has a Level II Thermography license, and is a Certified third party EIFS inspector.

Judge Bernstein will identify and discuss the eight characteristics of the perfect expert witness. He will review the eight characteristics which are the antithesis of the excellent expert. Judge Bernstein will provide simple and direct suggestions for experts to improve their delivery, persuasiveness, and credibility in the face of the adversarial system they work in. QUESTIONS & ANSWERS. Learning Objective: Identify the characteristics of an ideal expert witness.

One of the Philadelphia trial bar’s best loved and most respected judges, the Honorable Mark I. Bernstein of the Philadelphia Court of Common Pleas has served on the bench for 20 years, and now serves on the Commerce Court of the First Judicial District of Pennsylvania. Earlier in his career, Judge Bernstein was a partner in a litigation firm. He has been involved in the development of the Pennsylvania Standard Jury Instructions, the state Medical Malpractice Mediation Task Force, and Philadelphia’s Day Forward Case Management Program, and has won numerous honors as a judge. Named one of the 500 Leading Judges in America by Lawdragon Magazine, Judge Bernstein is a graduate of the University of Pennsylvania Law School. Judge Bernstein has long been involved in the education of lawyers and judges, and he writes extensively particularly in the field of expert testimony. He is the author of Pennsylvania Rules of Evidence, published by Gann Law Books.

David M. Benjamin, Ph.D., is a clinical pharmacologist and toxicologist in Chestnut Hill, Massachusetts. He received his BA from Boston University and his MS and Ph.D. in Pharmacology from the University of Vermont College of Medicine. Dr. Benjamin is an experienced consultant and expert and has more than 200 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 Boston University School of Medicine where he teaches Forensic Toxicology in the Biomedical Forensic Sciences program.

Dr. Fraser will explain what makes expert witness testimony effective and persuasive. She will discuss and demonstrate why jurors find some expert witnesses credible and discount others. Dr. Fraser will explain how to present effective expert witness testimony to jurors. She will offer practical suggestions on how experts of all disciplines can improve their performance. QUESTIONS & ANSWERS. Learning Objective: Explain how jurors judge the credibility of expert testimony.

Jaine E. Fraser, Ph.D., is a nationally known jury consultant with the Trial Psychology Institute in Dallas, TX. She received her B.A. from the University of Texas at Austin and her M.S. and her Ph.D. in social psychology from Tulane University. Dr. Fraser helps high-powered litigators with jury selection, witness preparation, and the persuasiveness of a witness. She is a contributing author to “Blue’s Guide to Jury Selection” and lectures and teaches persuasiveness and trial psychology. Her work has led to several record-setting jury awards at both the state and national level.

Attorney Branson will discuss and demonstrate the intense level of scrutiny expert witnesses can and will come under. He will review the numerous impeachment methods opposing counsel will employ to discredit the expert. Attorney Branson will explain how to best prevent and insulate oneself from these impeachment attempts and respond to them while under attack. QUESTIONS & ANSWERS. Learning Objective: List techniques attorneys use to impeach expert testimony.

Douglas Branson, Esq. has the W. Edward Sell Chair in law at the University of Pittsburgh School of Law. He received his BA from the University of Notre Dame, his JD from Northwestern University School of Law and his LLM from the University of Virginia. Attorney Branson has written nine books and 75 law review articles on Corporate Governance. He is a highly experienced expert witness having been retained in over 100 major cases, including Worldcom, HealthSouth, and Adelphia Communications.

David L. Kwass, Esq. is a partner and trial lawyer in the firm of Saltz, Mongeluzzi, Barrett & Bendesky. He focuses his practice on cases involving construction accidents, vehicle crashworthiness, crane and electrical accidents, equipment tip-over accidents, workplace falls and fall protection, defective child and recreational products, and liquor liability. The results of his passion for workplace safety and safe design of consumer products are more than 25 separate verdicts and settlements in excess of $1 million. Mr. Kwass is a 1987 graduate of Haverford College, receiving a B.A. He also is the recipient of a Masters degree from Georgetown University (1989), a J.D. from the University of Virginia School of Law in 1992, and in 2002, a Masters with honors in Trial Advocacy from the Temple University School of Law. Mr. Kwass continues his association with Temple’s School of Law and its Trial Advocacy Program as an Adjunct Professor of Law, regularly teaching LLM classes, and serving as a judge for mock trials. He mentors Temple’s trial teams on construction and product liability cases. Attorney Kwass is the co-author of “Try Opening with a Videotaped Deposition.”

Dr. Pettingill will explain how he prepares with retaining counsel for his direct examination. He will discuss key questions, final preparation, and demonstrative evidence. Dr. Pettingill will provide a detailed explanation of the due diligence he engages in prior to trial with regard to the jury, any jury consultants, the list of witnesses, judge, and local issues. He will review the many nuances that experienced experts deal with in their trial preparation. QUESTIONS & ANSWERS. Learning Objective: Describe a protocol for preparing to testify.

Bernard F. Pettingill, Jr., Ph.D. is a consulting economist in Palm Beach Gardens, Florida. He received his B.B.A. and his MBA in economics from Loyola University, his MPH from Tulane University, and his Ph.D. from Manchester University in Manchester, England. Dr. Pettingill has written extensively on forensic economic issues. He is a member of the National Association of Forensic Economists and is a former professor of economics. Dr. Pettingill is a highly experienced expert witness having testified in over 500 trials in 27 states.

Dave E. David, MD is on the teaching faculty of the University of Rhode Island and is a former assistant clinical professor at the University of California, Irvine. He received his B.A. from the University of Florida and his M.D. from the University of South Florida Medical College. Dr. David is board certified in obstetrics and gynecology. Twenty years of experience includes medical analyst/commentator for CNN, FOX News Channel, and New England Cable News, host of his own weekly television show (There’s a Doctor in the House), and radio talk show, creator, and host of Making Womb for Baby (full-length videotape on pregnancy and childbirth) and Secrets to a Slimmer You (audiotape program). Dr. David is a SAG/AFTRA member, well-versed with teleprompter, earprompter, and well-trained in commercial and dramatic acting. Dr. David is an experienced expert witness and has testified in 65 cases in the past four years.

Attorney Squires will explain how experts can bullet-proof their reports and the road map it provides in their cross-examination. He will discuss the formatting of the report, the amount of detail, preliminary and draft reports, notes and correspondence and emails with counsel. Attorney Squires will review the influence of retaining counsel in the drafting of the report and will offer practical advice on how experts can best insulate themselves from successful cross-examination based on their own reports. QUESTIONS & ANSWERS. Learning Objective: Identify methods for drafting a more persuasive expert report.

Douglas William Squires, Esq., is an Adjunct Professor of Law at Capital University Law School. Professor Squires received his B.A. from Miami University and his J.D. from the University of San Francisco Law School. He has written and lectured extensively on scientific evidence in criminal and civil cases and is the author of the “Forensic Accounting” chapter in Scientific Evidence in Criminal and Civil Cases. Professor Squires is an instructor for the U.S. Drug Enforcement Administration and a speaker for the Association of Fraud Examiners.

Lou Reiter conducts 15-20 training sessions for police groups across the United States each year. He also conducts an average of 5-10 agency management audits and liability assessments. These have been for state, county and municipal police operations. The size of these agencies has been from 3 persons to 39,000 employees. These audits allow him to be in police cars up to 100 hours each year. He has been a consultant on 8 U.S. Department of Justice, Civil Rights Division, Special Litigation Section, investigations of agencies involving patterns and practices of Constitutional violations. He was selected in 2003 as the Federal Court monitor for the Consent Decree of Collin v. Ventura County Sheriff’s Department, CA. Mr. Reiter is a highly experienced expert witness having been retained in over 1,000 cases and having testified in over 250 cases, both in state and federal court.