The amended Rule 26 allows experts to create draft reports without fear of discovery and makes it easier for litigators to work around discoverable communications.

A Year in Review: Applying the Amended Expert Rules

By Christina D. Riggs

To maximize the advantages of these rules, practitioners should engage in front-end planning with their experts based on the trends provided by the federal courts.

Proving Patent Damages after Uniloc

By S. Christian Platt and Bob Chen

The rejection of the 25 percent rule will require patent holders to more rigorously tie evidence proving damages to the parties, patents, and accused products at issue.

What Do You Do with a Completed Bankruptcy Examiner's Report?

By Sylvia Mayer, John Mastando III, Aliza Reicher, and Cheryl James

The examiner report, by its very nature, may be hearsay. Both bankruptcy courts and non-bankruptcy courts have grappled with the issue of admissibility.

An Economic Framework for Analyzing Covenants Not to Compete

By Elaine Fleming, Steven Herscovici, and Keith R. Ugone

Economists should consider this set of principles when evaluating the competitive implications of a covenant not to compete.

Financial Model Mistakes Can Cost Millions of Dollars

By Susan Mangiero

Ongoing vigilance regarding financial models is critical to gauging whether the models are working as they should.

Using Amended Rule 26 to Get the Most Out of Experts

By Robert M. Craig and Cathleen M. Devlin

The revisions to Federal Rule of Civil Procedure 26 strike a new balance between expert discovery and the work-product doctrine.

2010 Expert Witness Rule Amendments

By Gregory P. Joseph

As of December 1, 2010, the Federal Rules of Civil Procedure that govern the disclosure of expert opinion are substantially amended.

Early Case Assessment: Get Experts Involved From Day One

By Lisa Pierce Reisz. Esq. and David V. Dilenschneider Esq.

Early case assessment essentially boils down to gathering information, conducting research, and performing other tasks early on in litigation, when it often matters most.

Is Your Expert Your Ally or Your Enemy?

By Mark E. Porada

When a party decides not to use a previously designated expert, may the adverse party call that expert to testify or introduce that expert's report or opinions?

Rules Governing Experts: The European Perspective

By James R. Tumbridge, Timothy D. Pecsenye, and Gregory J. Urbanchuk

The globalization of business and the convergence of world markets create unique challenges for businesses involved in disputes.

Rules 26(a)(2) and (b)(4): Disclosure of Expert Opinion

By Gregory P. Joseph

The Advisory Committee on the Federal Rules of Civil Procedure has issued for public comment proposed amendments to Rules 26(a)(2) and (b)(4) governing disclosure of expert opinion.

Expert Approaches

By Gregory P. Joseph

Learn the various options and decisions that go in to strategy for dealing with the expert from the other side.

Rule Traps

By Gregory P. Joseph

This article discusses in detail the "most important rule of evidence that is buried in the Federal Rules of Civil Procedure."

Engaging Experts

By Gregory P. Joseph

In our news series, Tips From The Pros, we welcome our first article from Gregory Joseph, a former Chair of the Section. This month's article provides us with some tips about experts.