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Expert Witness Work-Product Doctrine

Miller Canfield

Attorney Work-Product Protection for Taxpayer Information Used to Prepare an Expert Witness Report

Miller Canfield on

The U.S. Court of Appeals for the Ninth Circuit recently held that in-house counsel's legal memos used to prepare an expert witness were partially protected from disclosure as attorney work product. In the course of an income...more

Burns & Levinson LLP

Be Wary When Seeking to Protect Communications With the Work Product Privilege

Burns & Levinson LLP on

While the attorney-client privilege only protects confidential communications between an attorney and client that are for the purpose of giving or receiving legal advice, the work product doctrine, as codified in Fed. R. Civ....more

Latham & Watkins LLP

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

Latham & Watkins LLP on

You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Seyfarth Shaw LLP on

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

Cozen O'Connor

Prohibiting Discovery of Attorney-Expert Communications

Cozen O'Connor on

Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a...more

Troutman Pepper

Pennsylvania Supreme Court Affirms Superior Court Decision Protecting Attorney-Expert Communications From Discovery

Troutman Pepper on

On April 29, an evenly divided Pennsylvania Supreme Court resolved an issue of paramount importance to Pennsylvania litigants: whether communications between an attorney and a testifying expert are protected from discovery by...more

Cozen O'Connor

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

Cozen O'Connor on

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

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