Leveraging Experts in Environmental Litigation

Presenting Testimony, Navigating Daubert Challenges, and Avoiding Confidentiality Issues

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, October 8, 2015

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel on using expert testimony when representing parties in environmental lawsuits. The panel will explain and outline the obstacles, challenges and solutions when using expert testimony.

Description

Environmental litigation frequently requires expert testimony to present complicated information in a way that the judge, jury and other attorneys can follow and understand.

Court rulings under the Daubert standard and body of law surrounding challenges to expert opinions and testimony continue to evolve. Courts require expert testimony be tested to ensure reliability.

Litigators must know the reputations and rulings impacting potential expert witnesses to weed out those whose credibility might be easily attacked based on previous testimony or a witness with insufficient experience. Further, counsel must maintain vigilance over client confidentiality and use discretion in sharing information with potential expert witnesses.

Listen as our authoritative panel discusses using experts in environmental litigation within the parameters of Daubert and its progeny. The panel will outline guidance for presenting and overcoming Daubert challenges and managing sensitive client confidentiality issues. The panel will offer their perspectives and best practices for using experts in environmental litigation.

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Outline

  1. Use of experts in environmental litigation
    1. Selection of experts
    2. Providing analysis/evaluation
    3. Providing expert testimony
  2. Challenges to experts
    1. Making Daubert challenges
    2. Overcoming Daubert challenges
  3. Confidentiality issues
    1. Attorney-client privilege
    2. Work product protections
    3. Discovery
  4. Best practices

Benefits

The panel will review these and other key questions:

  • How can counsel effectively challenge an environmental expert witness’ theories and whether those theories have been adequately tested?
  • Under what circumstances should counsel consider not filing a Daubert motion?
  • What steps should counsel take to maintain confidentiality when using environmental experts?
  • What obstacles does counsel face when presenting expert testimony and how can those obstacles be overcome?
  • What are the recent trends related to Daubert challenges?

Faculty

DiChello, John J.
John J. DiChello, Jr.
Partner
Blank Rome

Mr. DiChello focuses his practice in the areas of environmental, mass torts, and product liability litigation in...  |  Read More

Taylor, R. Trent
R. Trent Taylor
Partner
McGuireWoods

Mr. Taylor defends complex toxic tort and products liability cases with an emphasis on public and private nuisance...  |  Read More

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