PricewaterhouseCoopers’ recent 2000-2007 Financial expert witness Daubert challenge study examined 3,681 Daubert challenges to expert witnesses of all types in federal and state courts during the years 2000-2007 and found that “the number of per-year challenges rose from 251 in 2000 to 704 in 2007, an overall increase in spite of a slight dip in the number of challenges between 2006 and 2007 — 741 challenges in 2006 (an all-time high) versus 704 challenges in 2007.”

The point:  As we approach the ten year anniversary of the Supreme Court's Kumho Tire decision (originally decided March 23, 1999), the protection against challenges to a financial expert’s testimony, valuation opinions, and the appropriate measure of disclosures during the discovery process has become a topic of discussion that no BV expert can ignore—particularly as the full weight of the federal rules regarding the preservation and production of electronic evidence have started taking effect.

Nancy Fannon, editor of the soon-to-be-released, The Comprehensive Guide to Lost Profits Damages: An Attorney and Expert Reference Book, and attorney Jonathan Dunitz, will host a 100-minute BVR teleconference, “Lost Profits Damages: Lessons Learned from Motions to Exclude Financial Experts,” on Thursday, March 5 at 10:30am PST / 1:30pm EST. The duo will examine the wealth of cases excluding financial experts, offer comprehensive analysis of how to use this knowledge to protect against motions to exclude, and includes a live Q&A with Fannon and Dunitz. Attendees can receive 2 CPE and 1.5 CLE credits.

For those who need more: Teleconference registrants who also purchase The Comprehensive Guide to Lost Profits Damages: An Attorney and Expert Reference Book, due out this Spring, will receive $100 off the price of the teleconference. To find out more or register, click here.