Expert Witnesses: Leveraging New Rule 26 Amendments
Preserving Work Product Immunity for Expert Opinions and Reports
Recording of a 60-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, September 28, 2010
Recorded event now available
This CLE webinar will prepare litigators to adapt to the new Rule 26 amendments regarding discovery of attorney communications with expert witnesses. The panel will outline best practices to leverage the amendments to protect expert opinions and reports.
Description
New amendments to FRCP 26, effective Dec. 1, 2010, will dramatically alter current expert witness practice by expanding the attorney work-product privilege regarding communications between attorneys and expert witnesses.
Courts have interpreted the current rule to require discovery of any and all communications between the attorney and the expert witnesses, including draft reports. This has caused some inefficiencies for attorneys in dealing with their own experts as well as in deposing an opposing expert.
The new rules extend work product protection to draft reports by testifying expert witnesses and to certain communications between the attorney and expert witness. The rules also address disclosures required for testifying experts who are not required to provide a Rule 26(a)(2)(B) report.
Listen as our panel of experienced litigators analyzes the new amendments to Rule 26 regarding expert witness communications and offers best practices for leveraging the new rules to protect communications between attorneys and expert witnesses.
Outline
- Expert witness communications and reports
- Current practice under Rule 26(a)(2)(B) for expert reports
- New rule’s extension of work-product immunity to drafts and communications
- Best practices for protecting confidentiality under new Rule 26
- Disclosure of “no-report” expert witnesses
- Current practice under Rule 26(a)(2)(C) for no-report expert witnesses reports
- New rule’s required disclosures
- Best practices for protecting confidentiality under new Rule 26
Benefits
The panel will review these and other key questions:
- How will the new rules alter current expert witness practice?
- How do the new rules affect the disclosure of expert witness draft reports?
- What are best practices for protecting the maintaining attorney-client privilege when working with expert witnesses?
Faculty
Jonathan Evan Goldberg,
Partner
Seyfarth Shaw, New York
He represents corporate clients in complex commercial, ERISA, and employment litigation. He has successfully litigated in federal and state courts throughout the country. He has defended clients in connection with investigations by the U.S. Department of Labor and the U.S. Department of Justice, discrimination and wrongful termination claims, and trade secrets and restrictive covenant litigation.
Lauren DeBruicker,
Partner
Duane Morris, Philadelphia
She practices in the areas of commercial and insurance coverage litigation, with an emphasis on matters involving intellectual property. She has represented insurance carriers in coverage disputes and other litigation relating to the business of insurance and has secured insurance policy proceeds on behalf of the firm's individual and corporate clients.
Ordering
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Paul Hastings Janofsky & Walker
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Patricia Hays
Vestcom International
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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