Economics and Daubert Challenges
11 May 2001
By Dr. Steven Schwartz
Any substantive motion to prevent testimony is a potential problem -- and the Supreme Court decision in Daubert formalized the process for creating those motions. What Daubert accomplished was to force experts, including economic experts, to be reflective and analytical about their work; and if they did not already do so, to keep the Daubert principles in mind so as to be secure in the belief that their work was up to the Daubert challenge.
This presentation outlines how you can work with your experts to make sure that their analysis is as Daubert-proof as possible. It begins with three basic questions: 1. Does Daubert apply to economic experts? 2. If Daubert does apply, how difficult is it to define what analyses are and are not appropriately grounded in standard principles of economic "science"? and 3. What steps should you take in order to make your economic testimony Daubert-proof? On the bottom line, this presentation outlines five rules to follow to maximize your chances of surviving a Daubert challenge.
This presentation was made to a session of the Antitrust Section, Ohio State Bar Association, Dayton, Ohio, May 11, 2001.
