Expert Discovery After Rule 26 Amendments: Lessons from Recent Cases
Navigating the Practical Impact of the “Facts or Data” Scope Change, “Drafts of Expert Reports” Protections, and Other Disclosure Uncertainties
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the courts' recent application of the Rule 26 Amendments on expert witness discovery, including lingering uncertainties. The panel will review the practical impact of the “facts or data” scope change, draft expert report protections, and other key changes to the expert disclosure rules.
Key features of Rule 26 Amendments
- Experts providing reports and experts not providing reports
- Expert reports limited to "facts or data"
- Draft reports, communications and exceptions
Best practices for litigators—lessons from recent cases
The panel will review these and other key questions:
- How have the Rule 26 Amendments altered expert witness discovery practice?
- Which communications are protected and which are unprotected after the 2010 amendments?
- How do the discovery rules distinguish between testifying experts and consulting experts?
- What are the best practices for protecting attorney-client privilege when working with expert witnesses?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Jonathan Evan Goldberg
He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is... | Read More
He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is an experienced trial lawyer and frequent public speaker, and has successfully represented numerous clients in federal and state courts throughout the United States in matters involving claims of retaliation, discrimination, wrongful termination, fraud, and breach of contract.Close
She practices in the areas of commercial and insurance coverage litigation, with an emphasis on matters involving... | Read More
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.Close