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ABA Annual Meeting, Section of Litigation, July 30 – August 2, 2009: Top 20 Ways to Protect Attorney-Client Privilege and Work Product While Working with Expert Witnesses 1 Preserving Work-Product Privilege when Working with Expert Witnesses Jill Robb Ackerman Baird Holm LLP Omaha, NE INTRODUCTION Federal court decisions involving Fed. R. Civ. P. 26 work-product doctrine vis-à-vis testifying and consulting experts have gradually approached consensus on some issues while remaining deeply divided...

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