Reshaping Expert Witness Testimony Under Amended Federal Rule of Evidence 702
A live 90-minute CLE video webinar with interactive Q&A
This webinar will address how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702, which was amended last year to clarify that (1) the burden is on the proponent of expert testimony to establish admissibility by a preponderance of the evidence standard, and (2) a reliable application of the principles and methods to the facts of the case is required.
Outline
- Historical perspective on expert testimony
- 2023 Amendments
- Scientific witnesses: assessing "reliable application of a principle or method"
- Non-scientific expert witnesses: pre- and post-amendment
- Lay opinion witnesses: FRE 701 vs. FRE 702
- Stealth/camouflaged expert testimony
- Preparing expert witnesses for testimony
Benefits
The panel will discuss these and other important issues:
- What is required to show it is more likely than not that expert's opinion reflects a reliable application of the principles and methods to the facts of the case?
- What issues arise when experts are offering emerging theories, e.g., query whether a technique or theory has been generally accepted in the scientific community or is emerging?
- Can historically accepted evidence be challenged and excluded under the new standards, e.g., must all experts meet the Rule 702 threshold?
- Are counsel tendering experts obligated to caution them about where their methodology and "expertise" ends in order to prevent ipse dixit and avoid an unreliable application of the principles and methods to the facts of the case
Faculty
Anthony L. Cochran
Partner
Smith Gambrell Russell
Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials,... | Read More
Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials, administrative and regulatory hearings, and medical peer review hearings. He has appeared on many panels and spoken at seminars on a variety of topics, including the application of the Daubert rule and a host of topics related to white-collar criminal law and investigations.
Close
Jill Steinberg
Partner
Ballard Spahr
Ms. Steinberg is a litigator with 15 years of experience handling high-profile white collar and violent crime matters... | Read More
Ms. Steinberg is a litigator with 15 years of experience handling high-profile white collar and violent crime matters for the U.S. Department of Justice (DOJ). Prior to joining Ballard Spahr, she served as a U.S. Attorney and in the senior leadership at DOJ in Washington.
CloseEarly Discount (through 09/05/25)
Cannot Attend September 25?
Early Discount (through 09/05/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.
