Getting More Value From Your Damages Expert

Law360, New York (October 24, 2016, 10:04 AM EDT) -- David Ottenbreit

Rodney Bosco

Henry Platt It is not uncommon for litigation attorneys to hold off on retaining damages experts for their cases until fact discovery has either ended or is nearly exhausted. By following such a practice (typically in the interests of minimizing costs), the damages expert is denied the opportunity to use the fact discovery and document production processes to procure the best available support for affirmative theories and/or rebuttal arguments. In these situations, the resulting work product and testimony for the damages case may not be as strong as it could have been; and this could prove pivotal...

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