Expert Disclosure in New York's Federal and State Courts

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Recent federal case law in New York concerning discovery of materials provided to testifying expert witnesses reflects a growing trend of decisions requiring disclosure of such material, even where the material constitutes attorney work product. By contrast, there is a surprising dearth of state case law on this issue. The little case law that does exist in New York state courts relevant to this issue suggests a bias toward protecting attorney work-product provided to expert witnesses from disclosure but offers no meaningful analysis and little guidance to practitioners.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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