Meet the Labor and Employment Experts - 2010

October 15, 2010
8:55 a.m. – 12:45 p.m.
3.50 MCLE hours
Presented by Labor and Employment Law

Chicago
ISBA Chicago Regional Office
20 S. Clark Street
Suite 900
(map and directions)

In employment cases, skillful attorneys use expert testimony to establish the employer’s inadequacies and non-compliance or, alternatively, to bolster the employer’s compliance and reasonable efforts. When used effectively, expert testimony can be a goldmine for the proponent and a landmine for the opponent. The first two hours of this unique half-day seminar explores the range of uses for expert testimony in employment cases and discusses related practical and ethical issues such as evaluating expert resumes, pre-engagement investigation of the expert, budgeting, drafting the expert engagement letter, communications with the expert during the case, and the expert’s role in discovery. The last ninety minutes of the program examines the various roles of expert witnesses via interactive table clinics. Attendees will “meet the experts” – including an experienced computer forensic expert, vocational expert, and damages expert – by moving from table to table in 30-minute intervals to discuss specific questions and topics with the experts.
 
Program Coordinator/Moderator:
Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago
 
 

Agenda

8:55 – 9:00 a.m. Welcome and Introductions
Cathy A. Pilkington
 
9:00 – 10:00 a.m. Use of Experts to Attack or Bolster Evidence in Employment Cases
The testimony of expert witnesses in labor and employment claims can be used to aggravate or assist the potential outcome of a case. This segment explains how to design an effective plan for using expert testimony and examines the use of expert witnesses in several capacities, including:
  • Establishing/disputing an employee’s disability or serious health condition
  • Using employee testimonies to establish “corporate culture”
  • Establishing statistical evidence of discrimination
  • Attacking or bolstering compliance policies
  • Calculating damages vs. forensic accounting
  • Establishing adequacy/inadequacy of the employer’s training of employees for anti-discrimination policies, as well as the adequacy/inadequacy of the employer’s reasonable investigation and summary judgment considerations
    Paul E. Starkman, Arnstein & Lehr, Chicago
 
10:00 – 11:00 a.m. Staying Out of Trouble with Experts: Practical and Ethical Ideas
There are many ways to inadvertently engage in unethical behavior when it comes to using expert witnesses in labor and employment cases. This segment offers practical and ethical advice on the use of experts, including:
  • Counsel’s ethical responsibilities to budget and control costs
  • Evaluating expert resumes and investigating the expert
  • Drafting engagement letters and budgeting
  • Communicating with clients regarding the hiring of experts
  • Using experts to conduct discovery and evaluate responses
  • Recognizing discoverable and non-discoverable communications with experts
  • Considerations in preparing the expert report
    Donald A. Tarkington, Novack and Macey, LLP, Chicago
 
11:00 – 11:15 a.m. Break (refreshments provided)
 
11:15 a.m. – 12:45 p.m. Table Clinics
Faculty members answer your specific questions and facilitate small group discussions as attendees move from table to table at 30-minute intervals.
  • Role and Use of Computer Forensic Experts in Developing Evidence
    This segment offers a discussion on the role of computer forensic experts and examines the development of computer forensic protocols. Types of evidence that can be developed are also included.
    Bryan Humphrey, Computer Forensics, Price Waterhouse Coopers, Chicago
    Paul E. Starkman, Arnstein & Lehr, Chicago
  • Role and Use of the Expert in Developing Damages Evidence
    Using an expert to develop damages evidence is an important step in building a labor and employment case. This segment discusses the use of an actuary, accountant, and economist in developing evidence, as well as the use of Excel to prove or disprove case theories. Conducting a financial analysis of evidence is also examined.
    John Bone, C.P.A., Stout, Risius, Ross, Chicago
    Donald A. Tarkington, Novack and Macey, LLP, Chicago
  • Role and Use of Vocational Experts in Developing Evidence
    This segment offers a discussion on the role and use of vocational experts, including their use in developing emotional distress damages. Using vocational experts in both Family and Medical Leave Act and Americans with Disabilities Act cases is explored.
    Joseph Belmonte, Vocational Counselor, Vocamotive, Hinsdale
    Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago