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Tales from the Trenches: Expert Witnesses can Make or Break Your Case But are You Getting the Most Out of Yours?

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Description: Hear from counsel and an expert on best practices from what to ask when selecting an expert, how early to retain one, how to get the most out of your expert and their report and what to do if things go off the rails.
Daniel Murphy an executive with over 46 years of experience as a professional in the design and construction industry.  As an Engineer he has commissioned power plants; as a Scheduling Engineer he has developed schedules for power plants, environmental plants, highways, roads and bridges; as a Cost Engineer he has developed estimates and managed cost on power plants, environmental plants,
airports, roads, bridges, and buildings; as a Project Control Manager he has been responsible for risk management, cost & schedule control, and commercial management on large-scale turn-key power and shipbuilding projects (from design through commissioning); and as a Project Manager he has developed and managed contracts for a wide range of projecs, including power plants, chemical plants, refineries and ship building.
He has provided management services for clients (owners, engineers, and contractors) on power, process/industrial,  oil  &  gas  exploration,  manufacturing,  automation,  environmental,  transportation  and shipbuilding   projects.     These   services   (project   management,  contract   development,   commercial management,  estimating,  schedule  management,  cost management,  information  management)   have been utilized on projects valued at over US$48 billion.
He has particular expertise in the management of turn-key projects.   Mr. Murphy has hands-on experience with managing a) the design process (engineering coordination, scheduling, cost control, and change  management),  b)  the  procurement  process  (turn-key  contract  development,  developing  bid documents, qualifying bidders, estimating, and evaluating bids), and c) the construction process (civil, structural, mechanical, piping, electrical, controls, and commissioning/start-up).  He also has experience with the development and implementation of Information Management Systems designed for large turn- key projects.
Mr. Murphy has significant experience in forensic analyses associated with claims and disputes. He  has  participated  in,  and  managed  (as  the  consulting  or  testifying  expert)  hundreds  of  analyses  of technical  (engineering)  issues  as  well  as  management  issues.    These  analyses  include  evaluating compliance with the standards of practice in corporate management (bankruptcy), project management, contract management (change control and labor relations), cost management (estimating, bidding and cost control) schedule management (CPM schedule development, monitoring, and analysis), and the means and methods required to properly manage engineering, procurement and construction.  He has provided forensic analyses on over US$3.5 billion of disputes on over US$25.0 billion of projects.
He  has  been  accepted  in  the  USA  and  internationally  by  Courts  and  Tribunals  as  an  Expert, testifying in mediations, arbitrations (AAA; ICC), and trials (State and Federal).  This includes testimony related  to:  corporate  management,  project  management,  contract management,  cost  management, schedule management, and commissioning/start-up.  Recent expert engagements include 1) working as the consulting cost and schedule expert for the shipyard on a US$8.0 million claim on a new-build OSV,2) testifying as the electrical expert on a US$ 25.0 million claim on 10 OSVs, and 3) testifying as the damages expert on a US$17.0 million termination claim related to a fuel manufacturing plant,   
Courtney Worcester is a trial attorney in Holland & Knight's Boston office. Ms. Worcester focuses her practice on complex commercial litigation involving corporations, limited liability companies (LLCs), venture capital and private equity firms, and financial institutions and their directors and officers.
Ms. Worcester regularly counsels boards, individual directors and officers on a wide variety of corporate governance matters, including books and records demands, removal or election of directors, board committee investigations and reports. In addition, she represents clients in federal securities and shareholder litigation matters, including federal securities and consumer class actions, stockholder derivative litigations, as well as in disputes between co-founders. Ms. Worcester is also experienced in diverse commercial litigation matters, ranging from contractual disputes to the protection of trade secrets, unfair competition and other business torts.
After law school, she clerked for the Honorable W. Stephen Thayer III and the Honorable Linda S. Dalianis of the New Hampshire Supreme Court. During law school, Ms. Worcester served as the administrative editor for the Boston University Law Review and was a member of the national moot court team.

Practice Areas: Litigation & Appeals
Online Media Type: Audio
Production Date: 06/21/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 10 Minutes
Online Format: On Demand

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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: 06/20/2024
Training Type: Online

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Daniel Murphy - DMCG Project Solutions
Courtney Worcester - Holland & Knight
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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