Congratulations Judge Schofield.  Last week, former Section Chair Lorna Schofield was confirmed by a unanimous vote of the U.S. Senate to be a U.S. District Judge in the Southern District of New York.  Sen. Charles Schumer (D-N.Y.) said she had all the things he looks for in a judge, particularly “excellence in judicial and legal knowledge.”  She is the first person of Filipino descent ever to be confirmed as an Article III federal judge.  Most importantly, she is someone we all know, admire and respect as a great lawyer, leader and friend.  Please take a moment to congratulate her.

Resource Pages.  If you are looking for some quick information on a particular litigation subject, we’ve gathered them by topic.  This month’s topic is expert witnesses.  Check out our other resource pages here.

Good Works Fundraising.  The Section is proud of the extraordinary good works performed by our members in the   Judicial Intern Opportunity Program; Children’s Rights/Youth at Risk; Military Pro Bono Project; and Death Penalty Representation Project. Last year, the Section donated more than $300,000 in grants to support these Good Works programs.  We hope you will consider making a contribution to those efforts.  You may give to an individual program of your choice or support the entire Good Works program by accessing the Section’s Good Works donation page. All donations to Good Works programs are tax deductible to the fullest extent allowed by law.

Live Streaming Program:  Gideon v. Wainwright.  A program commemorating the 50th anniversary of the landmark decision, Gideon v. Wainwright will be live streamed on January 18, 2013. This decision recognized a constitutional right to the appointment of counsel for indigent criminal defendants charged with felonies. Mr. Gideon was in prison when he submitted his handwritten petition to the U.S. Supreme Court requesting counsel.  More information on this special event please visit the live streaming webpage.

Our focus this month is Expert Witnesses. The Section has many resources to assist litigators practicing in this area. Here’s a sampling.
Selected Resources:
Periodicals:

• When an Expert Becomes a Judge-Elect, Testimony May Proceed
  By Lisa R. Hasday
• Treating Physicians Can Serve as Defense Experts
  By Oran F. Whiting
• Forensic Expert Permitted to Identify Keyboard User
  By John W. Joyce
• Accounting for Damages for Dummies: Expert Opinion or Not?
  By Renee Choy Ohlendorf
• States Enact Expert Witness Legislation for Medical Injury Actions
  By Christina Michelle Jordan
• Pro Hac Vice Status Revoked after Ex Parte Contact with Opponent’s Expert Witness
  By Sean T. Carnathan
• Making Experts Matter
  By Harlan A. Levy
• Dirty Little Secrets of Expert Testimony
  By Robert J. Shaughnessy

Committee Newsletters:

• New Standards for Expert-Witness Disclosures
  By Thomas P. Branigan and Tina Georgieva
• A Year in Review: Applying the Amended Expert Rules
  By Christina D. Riggs
• 'Hybrid Witnesses' and Federal Rule of Civil Procedure 26
  By Andrea Mahady Price and Kristin L. Beckman
• Winning the "Battle of the Experts" While Keeping Fees under Control
  By Lynn S. McCreary and David R. Singh
• Ethical Preparation of Witnesses for Deposition and Trial
  By Erin C. Asborno
• Early Case Assessment: Get Experts Involved From Day One
  By Lisa Pierce Reisz and David V. Dilenschneider
• Expert Testimony Admissibility after Wal-Mart v. Dukes
  By Dennis S. Ellis, Katherine F. Murray, and Nicholas J. Begakis
• Federal Rule of Evidence 706: Court-Appointed Experts
  By John P. McCahey and Jonathan M. Proman
• Is Your Expert Your Ally or Your Enemy?
  By Mark E. Porada
• Rules Governing Experts: The European Perspective
  By James R. Tumbridge, Timothy D. Pecsenye, and Gregory J. Urbanchuk
• Expert Approaches
  By Gregory P. Joseph
• Rule Traps
  By Gregory P. Joseph
• Engaging Experts
  By Gregory P. Joseph

Books:

• Litigators on Experts:  Strategies for Managing Expert Witnesses from Retention through Trial
• Expert Witnesses:  Extracting True Value
• Conducting Effective Expert Witness Cross Examination:  How to Impress the Judge

Sound Advice:

• Working with Experts by Lawrence J. Fox
• 2010 Amendments to Rule 26 of the Federal Rules of Civil Procedure Governing  by Greg Joseph
• Online Resources for Researching Expert Witnesses by David V. Dilenschneider
• Identifying and Developing Persuasive Expert Witnesses by Beth Kaufman

Committees:

• Expert Witnesses

To review Section focus topics from prior months, please click here.

2013

Joint Committees CLE Seminar
January 31-February 2, 2013
Sheraton Steamboat
Steamboat, CO

ABA Midyear Meeting
February 6-12, 2013
The Hilton Anatole Hotel
Dallas, TX

Corporate Counsel CLE Seminar
February 14-17, 2013
Westin Diplomat Resort and Spa
Hollywood, FL

Insurance Coverage CLE Seminar
February 28-March 2, 2013
Loews Resort
Tucson, AZ

National Institute on E-Discovery 2013
Proskauer Rose LLP
Eleven Times Square
New York, NY 10036-8299

Section Annual Conference
April 24-26, 2013
JW Marriott Chicago
Chicago, IL

Every month, the Section posts three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we will post a podcast on ethics; the second Monday will be evidence; the third Monday will be e-discovery / procedure. These podcasts are supplemented by substantive and procedural topics prepared by the Section’s committees.  Please be sure to visit the Sound Advice Library.

ETHICS: Conflict Waivers
By Mike Downey, Armstrong Teasdale LLP, St. Louis, MO
Ethics professor and litigation partner Mike Downey discusses the three most important elements of a conflict waiver. (7:20 min)

PROCEDURE/E-DISCOVERY: Civil Rules Advisory Committee Proposed Changes in Discovery
By John Barkett, Shook, Hardy & Bacon, Miami, FL
John Barkett discusses the possible changes in the scope of discovery presented to the Rules Committee. (4:55 min)

EVIDENCE: Remember the Basics of Hearsay
By Professor Fredric Lederer, William & Mary Law School, Williamsburg, VA
Listen as Professor Fredric Lederer explains the difference between having—and not having—a hearsay problem. (8:05 min)

COMMITTEE: Building Your Network: A Diverse Perspective
By Ira Gonzalez, Adams and Reese LLP, New Orleans, LA
Products Liability Litigation
According to Ira Gonzalez, the best networking doesn’t usually just happen - it requires a plan. Learn how to develop your business and career with an eye toward the future. (7:48 min)

COMMITTEE: Hidden Victimization of Foster Children
By Ira Lustbader, Children’s Rights, New York, NY
Children Rights Litigation
Learn from Ira Lustbader how you can help to end this national disgrace. (16:01 min)

Check the Sound Advice Library and the Committee pages regularly for new postings.