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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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, April 20, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course 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


Bernabei, Lynne
Lynne Bernabei

Bernabei & Kabat

Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower cases for over thirty...  |  Read More

Pope, John
John Houston Pope

Epstein Becker & Green

Mr. Pope is a Member of the Firm in the Employee Benefits, Litigation, and Employment, Labor & Workforce Management...  |  Read More

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