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In complex commercial litigation cases defending significant damages claims can be one of the greatest challenges facing a trial lawyer. In this half-day program an experienced trial attorney, an economist and a judge will discuss strategies for analyzing damages claims, developing defenses and presenting them at trial, using actual case studies.
Program Schedule:
2:30 - 2:40 Introduction - Welcome - Present Case Scenario.
2:40 - 3:20 Defending Damages in Commercial Litigation - Developing Your Own Anti-Damage Model and Building the Anti-Damage Case Approaching the damages aspect of the case from start to finish, including conceptualizing the damage claim, learning the applicable law, locating an appropriate expert, conducting necessary factual discovery, deposing the opponent's economic expert, motion practice and strategies for defending damages at trial. This presentation will focus on a variety of defenses, including the economic loss rule.
Marc Heath, Downs Rachlin & Martin, Burlington, VT
3:25 - 4:05 Primer on Economic Damages in Commercial Litigation Cases and How to Outsmart
the Plaintiff's Expert Economic theory, deciding on the approach to defending the damages claim, constructing alternative damage models, how the lawyer can assist the expert in developing the info needed through the discovery process and presentation of economic damages at trial. This
presentation will focus on defending damages claims using a complex business interruption claim
scenario.
Thomas Barocci, Ph.D., T.A.B. Associates, Boston, MA
4:05 - 4:15 Break
4:20 - 5:00 How to Get Your Point Across Without Boring the Jury or Antagonizing the Judge
Presentation of damages from a judicial perspective including discovery disputes, motion practice and presenting damages evidence at trial.
Hon. Allan van Gestel (Ret.), JAMS, Boston, MA
5:00 - 5:25 Panel Discussion/ Questions / Closing
5:30 - 6:45 Networking Reception
7:00 Dine-arounds (Details to Follow)
The conference will be held at the law offices of:
Campbell Campbell & Edwards
One Constitution Center 3 Fl
Boston, MA 02129
Attention Baseball Fans! The Boston Red Sox will be playing the Tampa Bay Rays at home that evening at 7:05 p.m. (Those interested in attending the game will need to independently obtain tickets.)
Registration: $50 for Members, $75 for Non-Members.
CLICK HERE or call 312-795-1101 to register or for more information.