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Working with Expert Witnesses: Best Practices

Level: Intermediate
Runtime: 65 minutes
Recorded Date: June 14, 2022
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  • Learn why valuation and damages experts are needed
  • Describe the role of an expert witness
  • Discuss the requirements/deliverables of expert witnesses
    •    Report    
    •    Deposition    
    •    Trial Testimony    
    •    Other Litigation Support Services
  • Provide an overview of Daubert Challenges
    •    Performance – what a learner is expected to be able to do     
    •    Condition – context or area of law    
    •    Criterion – how well the learner must perform in order to be considered acceptable

    • Runtime: 1 hour, 5 minutes
      Recorded: June 14, 2022

      For NY - Difficulty Level: For both newly admitted & experienced attorneys


In this session, panelists, comprised of a litigator and an expert witness, will discuss the attorney-expert witness relationship from both perspectives.
Discussions will include:
  • From the attorney perspective: how to find an appropriate expert witness, how to maintain attorney-client privilege, how to prepare your witness, and how to guard against Daubert challenges.
  • From the expert perspective: how to determine if a case is a good fit, the typical process for an expert witness engagement, and preparation tips for deposition and trial testimony.
This high-level session will be geared toward attorneys who have limited experience in working with experts.

This program was recorded on June 14th, 2022.

Provided By

American Bar Association
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Torrey Young

Mukasey Frenchman, LLP

Torrey K. Young represents clients in all aspects of criminal defense and regulatory enforcement with noteworthy experience in health care and life sciences. A leader in her field, Torrey has a wealth of experience defending clients in civil and criminal government enforcement actions and cases arising out of the False Claims Act. In a recent criminal trial, Torrey cross-examined an executive from the National Institute of Health and several university compliance officals. Torrey conducts internal investigations, provides fraud and abuse analyses, and advises her clients on Medicare/Medicaid reimbursement issues. She also implements compliance programs and assesses their effectiveness, as well as counsels clients on clinical research, research misconduct, and grant fraud. Torrey’s versatility is reflected in her representation of many different types of entities, including health systems, universities, laboratories, home health agencies, hospices, telehealth companies, pharmacy benefit managers, pharmaceutical companies, and DMEPOS companies.
In 2019, Torrey participated as one of the ten representatives from Boston in Harvard Business School’s Young American Leaders Program. In 2017, she was awarded the Member of the Year award from Tomorrow’s Women Today, a Boston women’s leadership council. Torrey has also appeared in publications such as Science, Compliance Today, JD Supra, Federal News Radio, and Bloomberg Law.
Prior to joining Mukasey Frenchman, Torrey was Senior Counsel in the health care and government investigations practice groups at a prestigious international firm.

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Don Barbo

Managing Director
VMG Health

Don Barbo is a Managing Director with VMG Health and leads the firm’s Litigation & Disputes valuation practice. He has performed valuations exclusively for the healthcare industry for over 23 years involving mergers and acquisitions, divestitures, partnership transactions, leasing arrangements, financial reporting matters, divorces, diminution of value, and commercial damages. His extensive healthcare valuation engagements have included hospitals (acute care, long-term care, critical access, behavioral health, and surgical), physician practices (variety of primary care and hospital-based), ambulatory surgery centers, diagnostic imaging centers, cardiac catheter labs, pathology and clinical labs, cancer treatment centers, and dialysis centers. Barbo has also performed engagements for various contracts between hospitals and physicians, including medical director agreements, on-call agreements, lithotripsy service agreements, professional services agreements, and management services agreements.
Barbo also serves as an expert witness in litigation matters for his clients and has an extensive testifying experience in various state and federal courts. His testifying experience involves a wide range of issues including whistle-blower actions, breach of contracts, shareholder disputes, bankruptcy and distressed businesses, and marital divorces. He has spoken extensively to various legal and valuation organizations and has published articles regarding healthcare business valuation issues. Prior to his valuation career, he served as the chief financial officer for a physician practice management company that provides management services to a variety of physician practices. Before that, he served as the controller/financial officer for various emerging companies. He began his professional career as an auditor with a Big 4 national accounting firm.
Barbo is a CPA, holds the Accreditation in Business Valuation from the AICPA, is a member of the Medical Group Management Association (MGMA), and is a member of the Healthcare Financial Management Association (HFMA). He also served on the Technical Advisory Board for the AICPA’s Forensics & Valuation Section Consulting Digest and the Financial Valuation and Litigation Expert newsletter. He holds a BBA in Accounting from Texas Tech University, and an MBA from the Cox School of Business at Southern Methodist University.

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