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.


  1. Preparing for the deposition
    1. Attacking the expert’s qualifications
    2. Prior opinions and testimony
  2. Deposing the expert
    1. Gathering testimony for a Daubert challenge
    2. Setting up the expert for impeachment at trial
    3. 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, Washington, D.C.

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, New York

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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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs


Holland & Hart

Joshua Davis


Goulston & Storrs

Barbara E. Hoey


Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


Gibson Dunn & Crutcher

Peter Steinmeyer


Epstein Becker & Green

Teresa R. Tracy


Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

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