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Holland & Knight LLP

Podcast - Expert Witnesses, Special Issues

Holland & Knight LLP on

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more

Wilson Sonsini Goodrich & Rosati

Upcoming FRE 702 Amendment Reemphasizes the Admissibility Bar for Expert Testimony and Courts’ Gatekeeping Role

On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Holland & Hart - Your Trial Message

Address Science Denialism

It has been a tough year for science. On the social-science front, it seems that we have entered a phase where no one believes the polls. To conservative Trump supporters, the consensus of data showing the President well...more

Holland & Hart - Your Trial Message

Experts, Know Your Eight Bases of Persuasion

What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends...more

Holland & Hart - Your Trial Message

Normalize Your Damages: Five Ways

When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a...more

Holland & Hart - Your Trial Message

Expect Science Views to Vary

Jurors sometimes need to grapple with science, and given the constraints of the trial process and the often-complex nature of the testimony, “grapple” is probably the right word. Whether it involves working through detailed...more

Holland & Hart - Your Trial Message

Experts, Cultivate Awe

Remember Carl Sagan and the original show Cosmos? It was a beloved series in the late 70’s, not just for its accessible explanations of something as complex as the history of the universe, but also for its ability to evoke a...more

Holland & Hart - Your Trial Message

Rehabilitate Your Lying Witness

It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s...more

Holland & Hart - Your Trial Message

Stay in Your Lane (But Own That Lane)

A few days ago, after the National Rifle Association got wind of a new issue of Annals of Internal Medicine which included several articles on gun control, the organization tweeted back at the doctors: “Someone should tell...more

Holland & Hart - Your Trial Message

Being Useful to Jurors is No Accident (Tips for All Experts from an Accident Reconstructionist)

Experts have a tough job translating sometimes technical detail to lay audiences and working closely with a party to the litigation while still maintaining the role of “teacher” rather than “advocate.” Some excellent and...more

Holland & Hart - Your Trial Message

Experts: Be Experienced, Confident, and Visual

Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the...more

Holland & Hart - Your Trial Message

Admit it Experts, You Don’t Know Everything

Experts know things. That’s what makes them experts. That is why they’re allowed in court: to inform the jury’s or judge’s understanding. Once there, of course, they are picked apart by an adversary with the goal of making...more

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