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The MSBA's Construction Law Section Presents


"MSBA Construction Law Annual Meeting & Symposium: Expert Witnesses In Construction Law"

9:00 – Ethical Considerations When Using Expert Witnesses
Todd A. Wind, Fredrickson & Byron, P.A.
Todd is a trial lawyer, who over the past 24 years has tried numerous cases in state and federal courts to both judges and juries. Todd’s practice includes antitrust and trade regulation, production liability litigation, employment litigation, commercial torts including defamation, libel and slander, and a variety of other business disputes As a commercial litigator and a member of the Minnesota Lawyers Professional Responsibility Board, Todd will discuss the ethical considerations attorneys must understand when retaining, communicating, and work with expert witnesses. Todd will also discuss Minnesota and federal court rules on expert discovery and the ethical obligations attorneys are under when responding to expert discovery.

9:30 – Daubert Challenges to Expert Testimony in Federal Court
James J. Hartnett, IV, Faegre Baker Daniels, LLP.
For the past fifteen years, Jim has handled construction, commercial, and intellectual property disputes throughout the country, from hospital projects in California and Alaska, to retail projects in New York, Arkansas, and Tennessee, to high-tech, clear-room manufacturing facilities in Idaho and Minnesota. Jim will discuss his successful Daubert challenge in Target Corporation v. Greenberg Farrow Architecture, Inc., et al., 2012 WL 1963362 (D. Minn. 2012). You will learn the standards for a successful Daubert challenge and what courts consider when deciding a Daubert challenge.

10:15 – Break

10:30 – Frye-Mack Challenges to Expert Testimony in Minnesota State Courts
Kristine Kroenke, Fabyanske, Westra, Hart & Thomson, P.A.
Kristine is an experienced construction and commercial litigator in state court, federal court, and arbitration. Following her clerkship at the Minnesota Supreme Court, Kristine has successfully qualified numerous expert witnesses in her career. Kristine will discuss how to successfully challenge your opponent’s expert under the Frye-Mack standard applied in Minnesota state courts.

11:00 – Panel Discussion: Effectively Picking, Engaging, and Working with Expert Witnesses
Brian Pashina, PE, Wiss Janey Elstner Associates, Inc., Chad Underwood, PE, PG, Engineering Partners International, LLC, Dwight Benoy, PE, Inspec, and Ryan Berg, PE, Ryan R. Berg & Associates, Inc.
A moderator-led question and answer session with four leading experts in the local construction industry. Learn about how to properly locate and find qualified expert witness, how to engage an expert to serve as your expert witness, and effective ways to communicate and work with your expert witness. Questions welcome!

11:45 – Final Remarks

2 hours of Standard and .5 Ethics CLE credits approved
Event Code: 180420



Date:   Friday, June 14, 2013
Time:   08:00 a.m. to 12:00 p.m.
8:00 - Registration and Continental Breakfast
8:30 - Election of Section Officers and Council for FY 2013-2014
8:45 - 11:45 a.m. - Program
11:45 - Final Remarks

Location:   Windows on Minnesota
80 S. Eighth Street, 50th Floor Minneapolis, MN 55402 

Section Members:  $60.00
Non-Construction Law Section Members:  $65.00
Law Students:  Free

Teleconferencing is not available.

Cancellation Policy:

Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.

Requests for an exception to this policy should be directed to Nicole Battles, Section Services Director, by e-mail or at (612) 278-6336