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Expert Witnesses

Practice Points

What you need to know in a quick-to-read format. Find all of the Expert Witnesses Committee’s practice points in this archive.


Five Tips for Conducting Background Research on Expert Witnesses
By Melissa Romanzo and Kate Perkins – January 20, 2022
It is better to know sooner, rather than later, of potential issues with an expert’s credibility, so your client can make an informed decision about retaining that expert.


Rule 45 Subpoena Practice in Expert Discovery: Some Pointers
By Kate Perkins – July 30, 2021
In some circumstances in expert discovery, a party may use a Rule 45 non-party subpoena to obtain relevant documents and ESI.

Confidential or Not? Don’t Let Your Expert Blow Up—or Blow Up Your Case
By Charles Ehrlich – June 16, 2021
If you’re an expert talking to a lawyer, before you begin, find out what rules govern discovery in your case.

Preparing for Virtual Expert Testimony: Like Herding Kittens?
By J. Bradley Sargent – March 1, 2021
Assuming that your experts are familiar with the rules that govern their testimony and the tech logistics of virtual meetings can lead to disaster.

Considerations When Using a Professor as an Expert Witness
By Kathleen E. Perkins – March 1, 2021
Retaining a professor as an expert witness provides many benefits but can pose some challenges. You can better manage those challenges by taking appropriate steps before and during the engagement.

Preparing a Stipulated Protocol to Govern Remote Depositions
By Melissa Romanzo – March 1, 2021
A stipulated protocol to govern remote depositions prevents unnecessary conflict during the depositions.


Guidelines for Evaluating Whether You Need an Economic Expert
By Alex Barnett – February 25, 2019
Seeking the opinion of an economist can help focus your attention on the most central issues in your case.

Tips from the Bench on the Presentation of Expert Witnesses at Trial
By Eric R. Harlan with Hon. J. Mark Coulson – January 24, 2019
The Honorable J. Mark Coulson, U.S. magistrate judge for the District of Maryland, offers insights on preparing and presenting expert testimony at trial.


Expert Witness Challenges under Daubert in Class-Action-Certification Proceedings
By Julie E. Cohen – December 19, 2018
Lawyers navigating putative class-action litigation should consider early on the extent to which expert testimony will inform class certification.

Affordable Care Act Litigation in the Spotlight: The Risk Corridors Program
By Amy Yurish – February 22, 2018
Expert witnesses are playing a key role on the forefront of issues stemming from ACA litigation.


Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues. Episode 1 features attorney Laurie Besden, the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, who shares her battles with alcohol and drug addiction.

Using a Consulting Expert’s Assistance to Take Effective Depositions
By Jonathan Couchman – March 13, 2017
A good consulting expert can help you prepare for deposition success.

Preparing Your Damages Expert for Trial
By Brent Bersin – March 10, 2017
Damages experts can be the key to winning a case.


Navigating Admissibility and Disclosure Requirements for Lay and Expert Opinion Testimony
By Pepper Allgood – December 6, 2016
The interplay hinges on the basis for proposed opinion testimony rather than résumé of the witness.

Four Goals for Taking an Effective Expert Deposition
By Eric S. Hochstadt – November 29, 2016
The opposing party’s expert can be the single most important deposition in a lawsuit.

Panacea or Double Edged Sword?
By Boris J. Steffen – August 24, 2016
Amendments to the Delaware General Corporation Law governing appraisal rights.

Selection of Civil Engineering Experts
By Randall P. Bernhardt – June 8, 2016
To find a qualified professional, it's important to be familiar with how the area's sub-disciplines are different.

Delaware State Bar Association Releases Proposed Amendments to DGCL Governing Appraisal Rights
By James D. Abrams and Erica L. Cook – April 21, 2016
For over a decade, there's been an increasing debate among legal practitioners regarding the practice of appraisal arbitrage.

SCOTUS Ruling Will Lead to More Daubert Challenges at Class Certification Stage
By Eric S. Hochstadt – March 31, 2016
Was statistical evidence appropriately used in certifying a class of workers?

Allocation Still the Focus for Patent Damages Experts
By Jennifer Vanderhart – March 30, 2016
The courts have repeated stressed its need in cases involving utility patents.

Data Processing and Hidden Assumptions
By Frank Pampush – February 19, 2016
An overview of three issues that can arise with data manipulation.

Use of Multiple Experts in Civil Engineering Cases
By Gennaro G. Marino – January 27, 2016


10 Tips for Posturing Your Case for Successful Daubert Challenge
By John D. Sear – December 18, 2015
A checklist to help you get it right the first time.

Disclosure of Metadata
By Victoria Lazear – October 28, 2015
Four issues for experts and attorneys to consider.

Preventing Friendly Fire
By Alex A. Koltsov – October 13, 2015
Is there any legal recourse if experts do not abide by the duty of care and are negligent in their services?

Guidance Offered Regarding Permissible Expert Testimony in Pharmaceutical Labeling Actions
By Lucas Michelin – September 8, 2015
Be diligent to insulate your experts from challenge by ensuring they remain within the scope of their claimed expertise.

Preparing Your Expert for Cross-Examination
By Lindsey Dean – September 8, 2015
A summary for prepping a new or non-regular witness.

Tips for Young Lawyers: Patent Infringement and Design-Around Solutions
By James E. Pampinella and Alexander Sinai – September 8, 2015
Engage damages and technical experts early on in discovery.

"Battle of the Experts" Results in Denial in "Pay-For-Delay" Lawsuit
By Eric S. Hochstadt and Dan Antalics – August 10, 2015
The decision demonstrates the major role that the ascertainability requirement can play at class certification.

District Court Limits Expert Testimony for Rendering Legal Conclusions
By Mark A. Allen – July 6, 2015
A major concern for any expert testifying is having his or her testimony excluded for invading the province of the judge.

Proposed Expert Testimony in Refco Limited under Federal Rule of Evidence 702
By Boris J. Steffen – June 28, 2015
Both parties’ motions to exclude were granted and denied in part.

Expert Witness Role in $9.8M Mine Subsidence Ruling
By Gennaro G. Marino – May 28, 2015
The subsidence resulted from the collapse of a subjacent coal mine that had been closed since the mid-1950s, resulting in extensive damage to an elementary school.

Expert Witness Bootstrapping
By Marc B. Sherman – April 16, 2015
No longer can an expert testify about the findings of a non-testifying expert.

Errors and Methodology: Be Wary of Mistakes in Expert Opinions
By Jeremy Guinta – March 30, 2015
A reminder that careful data handling techniques and processes are designed to minimize, to the extent possible, data and calculation errors.

Halliburton II: Possible Implications on Role of Experts in Securities Class Actions
By Sumon C. Mazumdar – March 17, 2015
Defendants permitted to introduce evidence that alleged misrepresentation did not impact market price.

Expert Report Ghostwriting Leads Court to Disregard Expert Testimony
By Lindsey Dean – March 13, 2015
Hiring an expert consultant—what not to do.

"Better Safe than Sorry": Verifying Expert Witness Credentials
By Daniel N. Berman – March 3, 2015
Being cautious will not only provide peace of mind, it can also prevent future headaches.

Daubert Challenge Leads to Case Dismissal
By David Gulley – January 27, 2015
Opinions that stray outside the area of an expert’s expertise can lead into dangerous territory.

Ghostwriting Expert Report a Remarkable Breach of Ethics and Protocol
By Jonathan Couchman – January 22, 2015
A recent opinion from the U.S. District Court for the Eastern District of Michigan on a motion to preclude expert testimony underscored the importance of maintaining an expert’s objectivity.

Know Your Experts: Financial Interests Can Undermine Credibility
By Todd N. Hutchison – January 22, 2015
A surprising development in a case highlighting an important lesson for parties offering experts and for opposing parties.