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Seminar Title: The Nuts & Bolts of Protecting Expert Work Product and Discovery
Instructor: Stevens Miller, Esq.
2012 Seminar offered via live toll-free conference:
Jun 7 (1-3pmET), Jul 12 (4-6pmET), Aug 13 (1-3pmET), Sep 13 (4-6pmET), Oct 8 (1-3pmET), Nov 7 (4-6pmET), Dec 6 (4-6pmET)
Description:
This seminar offers guidance on how to make use of expert witnesses and expert consultants, with emphasis on how their work-product may be subject to production in discovery.
Credit Hours: 2 CLE Hours (General)
Accreditation:
AL, AR, CA, CO, DE, GA, IA, IN, KS, MS, NC, NJ, NM, NV, NY, OH, PA, SC, TN, TX, VA, VT, WA, WI: 2.0 hrs. general
MO, WV: 2.4 hrs. general
OK: 2.5 hrs. general
NJ: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE general credit.
This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement.
Dissemination: Materials sent via e-mail
Seminar Content:
1.00 hr. Updates on Issues
I. Experts Generally
A. Testifying
B. Non-testifying
C. Comparison with “fact” witnesses
II. Work product and Discovery
A. Scope
B. Protective measures
C. Disavowed material
D. Communications from the expert
III. Protecting Work Product from Discovery
A. Engagement terms
B. Written reports
C. “Layering” consultants and witnesses
IV. Practical Issues
A. The need for notes
B. Adverse findings
1.00 hr. Hypothetical Cases
V. Discovery by subject matter.
VI. Deciding what is a draft.
VII. When an expert reports “bad” facts.
VIII. Conversion from consultant to testifying expert.
IX. Research initiated by the expert.
X. Losing an expert to the other side.
XI. When two experts disagree.
XII. Changing the expert's mind.
2.00 hrs. = Total CLE Credit (General)
Presenter: Stevens Miller, Esq.
smiller@novadatalabs.com
Education
Amherst College, BA, Physics, cum laude, 1980
Stevens Institute of Technology, MS, Computer Science, 1988
New York Law School, JD, cum laude, 1992
Positions
· Bell Communications Research, Consultant to Wideband Applications Research Department technical staff
· Union Bank of Switzerland, Consultant to decision-analysis-and-support technical staff.
· Litman, Asche, & Gioella, of-counsel on criminal matters involving computers.
· DSFX International, Director, Technology and Online Forensics Group, providing computer forensics and electronic discovery support to business clients.
· Data Forensics Labs of Northern Virginia, Inc., Founder, providing expert testimony regarding
computer-based evidence, software analysis, and electronic discovery issues.
Academic Appointments
· Member, Board of Advisors and guest lecturer for ECPI College of Technology, computer forensics courses for criminal justice degree track.
Publishing/Writing/Lecturing
"Why Can't Our Guys Do This?" SC Infosec Opinion Wire, July 2003. (Ernst & Young "Know Fraud Newsletter," November 2004.) Comparative analysis of in-house computer forensics efforts and outside consultants.
"Expert Testimony from the Defense Point of View," High Technology Crime Investigation Association Southeast Cybercrime Summit, February 2003. Paper presented as part of professional conference for HTCIA.
"The Computer as Witness," American Society for Industrial Security, March,2001. Paper presented as part of ASIS professional certification seminar.
"Advanced Internet Investigations," Glasser Legal Works 2000, March 2000. Various techniques for supporting investigations by using the internet.
"Tracking Down E-Mail Evidence," New York Law Journal, May 1998. Survey of complicating factors that can arise in searches for evidence contained in electronic mail
"But For, Not," New York Law Journal, December 1993. Use of exclusion operators in online legal research.
"The Micro-Computer as a Real-Time Autocorrelator." American Journal of Physics, December 1982. Hardware and software system to accumulate power spectra from laboratory sensors. (co-author)
Affiliations
· New York State Bar, admitted 1992, in good standing.
· U. S. District Court, Southern and Eastern Districts of New York, admitted 1994 and 1997, in good standing.
· Virginia State Bar, admitted 2002, in good standing.
· Past founding member, Committee on Technology and the Practice of Law, Association of the Bar of the City of New York, 1993. (Co-chair, Internet Subcommittee.)
· Past member, Committee on Science and the Law, Association of the Bar of the City of New York, 1994.
