Training Course Syllabus:

Determine Damages Most Favorably and Maximize Your Use of Experts  

Are you up-to-date on the latest court decisions and valuation trends in damages determination? Whether you represent plaintiffs or defendants, this program will provide you with practical strategies for early assessment, negotiations and defense of damages. Review the current criteria and concerns governing the calculation of both compensatory and punitive damages and get your clients the outcome they deserve – register today!

• Get tips for effective early estimate of the types of damages a plaintiff can realistically pursue.
• Know when to hire an outside expert, and when you can handle a valuation yourself.
• Position your case for success by knowing how to accurately assess medical, wage loss, and pain and suffering damages.
• Make the best use of financial experts to assess each party's financial status.
• Use the most advantageous valuation methods to give yourself the edge during negotiations.
• Study the most effective methods of quantifying commercial damages.
• Present a vivid picture of the plaintiff's present and future needs to support your damage assessment.
• Determine a proper course of action for appealing excessive or inadequate damages.

1. What Types of Damages Apply to a Case – Recent Case Law
   9:00 - 9:30, Tracy Scott Johnson
2. Punitive Damages After Philip Morris and Exxon
   9:30 - 10:30, Tracy Scott Johnson
   1. The Three Guideposts
      1. Degree of Reprehensibility
      2. The Ratio of Punitive Award to Actual Harm
      3. Punitive Award vs. Civil/Criminal Penalties for Comparable Conduct
   2. The Current Maximum Ratio of Compensatory to Punitive
   3. Are Hedonic Damages a Creature of the Past?
3. Damages in Employment Litigation
   10:45 - 11:45, Susan Keating Anderson
   1. The Latest in Punitive Damages
   2. Economic Damages
   3. Using Experts to (Dis)Prove Emotional Distress
   4. Using Financial Experts
      1. Mitigating Damages
      2. Front Pay
      3. Reinstatement of Employment
4. Ethical Considerations
   12:45 - 1:45, Jennifer M. Monty
   1. Rules of Professional Conduct Update
   2. Setting, Communicating and Collecting Attorneys' Fees
   3. Protecting Privilege and Confidentiality
   4. Litigation/Discovery Abuses and Remedies
   5. Common Conflict-of-Interest Dilemmas and Resolutions
5. Negotiating Damages
   2:00 - 3:00, James M. Kelley III
   1. Attorneys' Fees and Costs
   2. Prejudgment Interest
   3. Taxation of Damage Awards
   4. Effective Negotiation Tools
6. The Weight of Expert Testimony in Damages Determination
   3:00 - 4:00, James M. Kelley III
   1. Psychology Experts
   2. Vocational Experts
   3. Economic Experts
   4. Medical Experts
7. Appealing Damage Awards
   4:00 - 4:30, Jennifer M. Monty
   1. Plaintiff's Perspective
   2. Defense Tactics

Seminar Summary:

Whether you represent plaintiffs or defendants, this program will provide you with practical strategies for early assessment, negotiations and defense of damages. (see full course description)

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