Expert Depositions in Employment Litigation: Attacking an Opposing Expert's Qualifications, Opinions and Methodology
Obtaining Deposition Testimony to Support Daubert Challenges, Impeach the Expert at Trial, and Gain Settlement Leverage
Recording of a 90-minute CLE webinar with Q&A
Conducted on Thursday, April 20, 2017
Recorded event now available
This CLE webinar will arm employment litigators with strategies for deposing an opponent’s expert witness, focusing on how to successfully attack the expert’s qualifications, prior opinions, testimony and methodology. The panel will also provide tips for undermining an expert’s credibility at trial and obtaining admissions during depositions to leverage a favorable settlement.
Expert witnesses are frequently called upon by employment litigators to help prove or disprove liability or damages. Mental health experts, economists and vocational rehabilitation experts are commonly used in discrimination and retaliation cases. Effective skills in deposing an opponent’s expert can significantly impact the resolution of an employment case.
Successful expert depositions require in-depth preparation prior to the deposition, the ability to use sophisticated techniques during the deposition to successfully gain admissions from the expert to support a Daubert challenge, and savvy to leverage information gained during depositions to your client’s benefit during trial or settlement negotiations.
Listen as our authoritative panel addresses approaches for conducting depositions of the opposing party’s expert in employment litigation. The panel will discuss best practices for obtaining deposition testimony that can be used to impeach or disqualify an expert from testifying at trial and to gain leverage for favorable settlements. Our authoritative panel will provide techniques for eliciting favorable testimony from even the most seasoned expert witnesses.
- Preparing for the deposition
- Attacking the expert’s qualifications
- Prior opinions and testimony
- Deposing the expert
- Gathering testimony for a Daubert challenge
- Setting up the expert for impeachment at trial
- Identifying holes in opinions for settlement leverage
The panel will review these and other key issues:
- Preparing to attack the expert’s qualifications
- Locating expert’s prior opinions and testimony
- Attacking the expert’s methodology at the deposition
- Setting up deposition testimony for use in Daubert motions
- Increasing settlement value by discrediting the opposing expert
Lynne Bernabei, Partner
Bernabei & Kabat,
Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower protection cases for over thirty years. She handles claims of civil rights violations, discrimination, and other employment and contract disputes. She appeared on “Sixty Minutes,” the “Today” show, Court TV, CBS, NBC, ABC, CNN, FOX, and MSNBC national news broadcasts, National Public Radio, and many other broadcast media outlets. She has also been quoted regularly by New York Times, Washington Post, Wall Street Journal, USA Today, Los Angeles Times, Boston Globe, People, Time, National Law Journal, Legal Times, ABA Journal, and numerous other print media outlets for her expertise in employment law and civil rights issues.
John Houston Pope, Member
Epstein Becker & Green,
Mr. Pope is a Member of the Firm in the Employee Benefits, Litigation, and Employment, Labor & Workforce Management practices, which predominately involves the litigation of controversies, representing management in all aspects of employment-related matters. He also counsels clients on lowering litigation risks and exposures. His extensive experience in employment law litigation spans a broad spectrum of issues, including promotion, termination, and harassment claims based on race, national origin, religion, sex, age, and disability; retaliation claims; whistleblower claims; wrongful discharge suits; and other employment-related torts. His cases have included single plaintiff, collective, and class actions.
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CLE Credits By State
The speakers were knowledgeable and presented useful information.
A very good nuts and bolts program on what to do in this area.
The Law Office of Carol Coplan Babbitt
The program provided me with some key concerns to watch out for.
The program gave me in-depth information that I was completely unfamiliar with.
Whitfield, McGann & Ketterman
My first Strafford webinar and I enjoyed the variety of speakers.
Winston & Strawn
Employment & ERISA Advisory Board
Schulte Roth & Zabel
Holland & Hart
Goulston & Storrs
Shook Hardy & Bacon
Bracewell & Giuliani
Gibson Dunn & Crutcher
Epstein Becker & Green
Freeman Freeman Smiley
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