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Daubert Criteria for Expert Witness Testimony
Course Number: 11

CCP/CBP/GRP Notes:

As our society becomes increasingly litigious, business professionals are called more often to testify in courts regarding pay practice matters, including statistical measures related to executive compensation. This testimony must be relevant and reliable.

In 1999, the United States Supreme Court issued a ruling in the Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) case that defined when a reliability challenge exists. The Supreme Court ruled that reliability must be established in all types of expert testimony, both scientific and nonscientific. Further, the Court held that the role of the trial judge was "gatekeeper" with regard to the relevance and reliability of all expert testimony. The Court stated that the Daubert opinion (Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)) wasn’t intended to be limited to scientific cases. It should apply to all fields of expert testimony. Expert witnesses must be prepared to describe why an analysis was utilized, and why the analysis and related data can be considered reliably sufficient.

The Supreme Court has established 4 separate, nonexclusive tests for reliability:
  1. It can be illustrated that the theory or technique can be tested.


  2. The data has been subjected to peer review and publication.


  3. There is a known or potential rate of error (i.e., the standard error).


  4. There is a level of general acceptance in that particular discipline’s community.
This course presents the theory, availability, type of measures, tests, and/or analyses to use, and the background for rate of error descriptions applicable to executive compensation issues and testimony.

CCP/CBP/GRP Credit Information:

This online course qualifies for recertification credit for the Certified Compensation Professional (CCP®), Certified Benefits Professional® (CBP) and Global Remuneration Professional (GRP®) designations granted by WorldatWork Society of Certified Professionals. For more information on recertification, visit the Society website at www.worldatworksociety.org. To determine the number of Society recertification credits that each educational activity qualifies for, please view the Recertification Application on this website, www.worldatworksociety.org, or contact WorldatWork Customer Relationship Services at 877.951.9191.


Course Price:  Free!
Exam Price:  $24.95




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