Drug and Med Cross-Examination 101

Nov 28, 20189:00am – 12:00pm



Sean K. Burke
Duane Morris (Washington, DC)

Peter J. Goss
Blackwell Burke P.A. (Minneapolis, MN)

What is it about?

Because a drug or device trial often hinges on the expert witness testimony, knowing how to conduct an effective cross-examination of an expert is crucial in determining the direction of the litigation.

Designed for those who are new to this type of litigation, this intensive 3-hour class will arm you with strategies on how to effectively use key case milestones, such as Daubert/Frye motions, as well as how to cross-examine a science and a regulatory/FDA expert. Points of discussion will include:


  • Conveying easy to understand scientific concepts to the jury
  • Exacting jury-friendly concessions from the opposing expert
  • Highlighting the expert’s misuse of statistical data and methodology
  • How to undercut attempts to confuse principles of burden of proof with principles of statistical significance
  • Using the expert to establish the expertise of the FDA and pervasiveness of FDA review and oversight
  • Successfully showing — through cross — that the regulatory/FDA expert lacks sufficient qualifications in the area of proposed testimony
  • Using prior reports and testimony to demonstrate that the expert’s opinions are boilerplate and full of biases
  • Following the money: Using the total dollar figures the expert has made providing testimony against him/her

In House Think-Tank Lunch*REGISTER NOW

Nov 28, 201812:30pm

What is it about?

Open to In-House Counsel Only — Discuss the state of the industry candidly with your peers on how members of the defense bar can coordinate their advocacy efforts for 2019.

In-House Executive Boardroom Meeting*REGISTER NOW

Nov 28, 20182:00pm – 5:00pm

What is it about?

Open to In-House Counsel Only — Top drug and device in-house minds will come together for this exclusive invite-only boardroom meeting to discuss their most difficult challenges and top priorities as they navigate and together think through the future of the healthcare industry.



Defense Counsel Only War Room

Nov 28, 20182:30pm – 5:00pm



Max Heerman
Principal Litigation Counsel
Medtronic (Washington, DC)


What is it about?

Open to defense counsel only — Join your peers for a state-of-the-industry analysis and candid discussion about the latest and greatest in plaintiffs’ tactics. In-house and law firm defense counsel are encouraged to participate in this unique, interactive networking session that will set the stage for the topics discussed in-depth throughout the event and provide you with valuable takeaways about what your peers from around the country are seeing from the plaintiffs’ bar. Discussion will include:


  • Jurisdictional issues
  • Discovery, including cross-border discovery
  • Successful motions to dismiss and other dispositive motions
  • Litigation tactics in aggregated cases: multiple plaintiff trials
  • Defending against junk science and using good science/literature to bolster your defense
  • Punitive damages: to bifurcate or not bifurcate?
  • In-house counsel: how can your clients better serve you? Outside counsel: how can your clients be better partners?
  • Analysis of the recent wave of cases in device litigation where courts have been excluding evidence of the 510k clearance process
  • A survey of the less known but important decisions impacting the drug and device space


* Open to In-House Counsel and Senior Executives from Drug, Device and Biotech Companies. All interested parties will be pre-qualified before registering for the program.