How to Handle Experts Like an Expert in Antitrust Trials
David Cross and Rob Manoso authored an article for Law360 discussing the increasing focus on experts by the courts in antitrust cases, the critical importance of effective and impactful expert testimony, and how lawyers can avoid the mistakes that can turn an expert into a liability rather than an asset.
“Experts can make or break an antitrust case at trial,” the authors wrote. “They can have an outsized influence on how jurors perceive not only the issues and the facts, but also the lawyers and their clients who sponsored the experts.”
They added: “A key question in the minds of jurors throughout a trial is whom to believe, especially involving issues they have little to no familiarity with, such as complicated economic issues. In helping them answer that question in your favor, you need not destroy the opposing expert. You generally just need to show that they cannot take that expert’s testimony at face value, without the other side doing the same to your expert. Following the six Cs [of expert selection – credibility, composure, clarity, charisma, confidence, and creativity] and building the necessary record in discovery for impactful examinations at trial will go a long way toward achieving that objective.”
Read the full article.