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Oak Grove Technologies

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PMI Northeastern Wisconsin

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Tales of an Expert Witness: Death in Discovery

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Tales of an Expert Witness: Death in Discovery

The subpoena shows up at the front desk and you get the call to come and pick it up. You get that nauseating feeling that it is going to be a long day… no… a very long year. The subpoena asks for every contract, statement of work, change order, log, email, document, physical mail, specification, test document, picture, drawing, scratch note, etc. that ever existed on your project. You reflect back on the project and wonder how many corners you cut for the sake of getting the project done and meeting the customer's incessant requests for more or different features and functions.

You wonder if along with bringing in the lawyers you should also bring in an expert to help you build your defense.  This keynote helps you understand what experts witnesses look for and how they prepare their case. 

Tales of an Expert Witness: Death in Discovery uses actual documents from cases to describe the problems that delivery organizations and customers had with troubled projects that headed toward litigation. Using these public domain documents, the audience can see the typical issues that cause problem not only for the project, but also in court. 

helps executives, managers, and project managers identify litigation landmines and what reasonable efforts they should take to protect an organization in case it enters into a lawsuit—hopefully before it happens.

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The topics include:

  • Impact of pre-contract award work on the degree of partnership.
  • Contract language and minimizing the information in the contract.
  • The challenges of boilerplates.
  • Differentiating contracts, statements of work, and change orders.
  • What is sold versus delivery commitments when defining your goods or services.
  • When little white lies can sink you.
  • Describing how you will follow a standard method of practice.

Objectives

As this is NOT legal advice, the objectives of the presentation are to create:

  • Awareness of what expert witnesses look for when building a case.
  • Understanding of the risk thresholds for various actions.
  • Appreciation of the level of thoroughness required to minimize risk
  • Attentiveness to eliminating ambiguity between the sales process and the delivery process.

Customize to Your Theme

This 60- or 90-minute presentation has three forms focusing on topics relevant to:

  • Executives regarding the steps they should tale to protect their organization if they get sued.
  • Executives that are considering entering a lawsuit.
  • Project Managers for understanding the rigors they must follow when starting or inheriting a project.

(Note: this presentation should not be construed as legal advice. The presenter is discussing experiences as an expert witness and does not have any formal legal training.)

Read 5556 times Last modified on Monday, 27 May 2019 17:07
Published in Keynote

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