Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 251

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          assertion with a survey, proper sampling of the industry, or any            
          other type of study among companies acquiring rights, or with any           
          outside reliable source such as a treatise, contract form book,             
          practice guide, or material she may have published.  Relying upon           
          Daubert and Kumho Tire, petitioner contends that Ms. Nemschoff’s            
          legal practice and experience are insufficient to establish the             
          requisite degree of reliability under rule 702, Federal Rules of            
          Evidence.  Petitioner contends that there is an insurmountable              
          analytical gap between Ms. Nemschoff’s opinions as to what are              
          typical and customary steps in transferring film rights and her             
          conclusion that a failure to take such steps in the transaction             
          with CDR indicates SMP’s lack of interest in acquiring and                  
          exploiting film rights.  Finally, petitioner claims that certain            
          flaws in Ms. Nemschoff’s legal practice and experience undermine            
          her ability to comment on what is typical and customary in                  
          transfers of film rights.  Notably, petitioner contends that Ms.            
          Nemschoff has not identified how many times she has drafted or              
          reviewed a contract or worked on matters involving films or film            
          libraries.                                                                  
               c.  Court’s Analysis                                                   
               Personal experience and knowledge can be a reliable and                
          valid basis for expert testimony in many cases.  See Kumho Tire             
          Co. v. Carmichael, supra at 150; United States v. Fredette, supra           
          at 1239-1240; Groobert v. President of Georgetown Coll., 219 F.             






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