Most comparative studies of functional genomics have used pairwise comparisons. Yet it has been shown that this can provide biased results, since genes, like species, are phylogenetically related. Phylogenetic comparative methods should allow to correct for this, but they depend on strong assumptions, including unbiased tree estimates relative to the hypothesis being tested. An ongoing trend in comparative genomic studies is to adopt phylogenetic comparative method to answer a wide range of biological questions including evolutionary hypotheses testing. Notably among them is the recently controversial “Ortholog Conjecture” that assumes the functional evolution is faster in paralogs than orthologs. Using pairwise comparisons of tissue specificity index (τ), earlier we provided support for the ortholog conjecture. In contrast, a recent publication suggested that the ortholog conjecture, is not supported by gene expression tissue-specificity using phylogenetic independent contrasts. We find that the gene trees used suffer from important biases, due to the inclusion of trees with no duplication nodes, to the relative age of speciations and duplications, to systematic differences in branch lengths, and to non-Brownian motion of tissue-specificity on many trees. We find some support for the ortholog conjecture, but especially that incorrect implementation of phylogenetic method in empirical gene with duplications can be problematic.Author SummaryThere is a lot of interest in understanding the evolution of gene function. Comparing functional genomics results offers a way to do this. In most cases, it is done by comparing pairs of genes, and notably pairs of orthologs (homologs derived by speciation) and pairs of paralogs (homologs derived by duplication). A drawback of such pairwise comparisons is that they neglect the evolutionary history of the genes, and thus violate the statistical presumption of independence of observations. Phylogenetic comparative methods have been suggested to correct for this. Recent results indicate that whereas pairwise comparisons support stronger functional divergence of paralogs than of orthologs, phylogenetic analyses would not. Re-analyses of these data show that gene trees are biased in such a way as to cause biases in phylogenetic methods when there are gene duplication. This can led to erroneous results, and have serious consequences in biological data interpretation.