Expert Witnesses: Leveraging New Rule 26 Amendments

Preserving Work Product Immunity for Expert Opinions and Reports

New amendments effective Dec. 1

Recording of a 60-minute CLE webinar with Q&A

Conducted on Tuesday, September 28, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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.


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.



  1. Expert witness communications and reports
    1. Current practice under Rule 26(a)(2)(B) for expert reports
    2. New rule’s extension of work-product immunity to drafts and communications
    3. Best practices for protecting confidentiality under new Rule 26
  2. Disclosure of “no-report” expert witnesses
    1. Current practice under Rule 26(a)(2)(C) for no-report expert witnesses reports
    2. New rule’s required disclosures
    3. Best practices for protecting confidentiality under new Rule 26


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?


Jonathan Evan Goldberg
Jonathan Evan Goldberg
Seyfarth Shaw

He represents corporate clients in complex commercial, ERISA, and employment litigation. He has successfully litigated...  |  Read More

Lauren DeBruicker
Lauren DeBruicker

Duane Morris

She practices in the areas of commercial and insurance coverage litigation, with an emphasis on matters involving...  |  Read More

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