Expert Witnesses in Employment Litigation: Rule 702 Amendments, Impact on Witness Selection and Daubert Challenges
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will examine the recent amendments to Federal Rule of Evidence 702 clarifying the admissibility standard for expert witnesses and the purpose behind the amendments. The panel will address how the amended rule will affect the use of expert witnesses in employment litigation, from witness selection to successfully bringing or defending a Daubert challenge. The panel will examine recent cases to see how the courts are interpreting the amended rule and offer best practices for practitioners.
Outline
- Amended Rule 702
- Purpose
- Revisions
- Impact on using expert witnesses in employment litigation
- Selecting an expert witness
- Deposing and defending the expert witness
- Bringing and defending a Daubert challenge
- How the courts are interpreting the new standard
- Practitioner takeaways
Benefits
The panel will review these and other key considerations:
- What are the amendments to Rule 702, and what was the purpose in amending the rule?
- How may the clarified admissibility standard for expert witnesses affect witness selection?
- What impact may the amended rule have on taking and defending expert witness depositions? Bringing and defending Daubert challenges?
- How are the courts interpreting the amended rule?
Faculty
Andrew J. (Andy) Boling
Attorney, Employment Law Chair
Kelleher + Holland
Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in... | Read More
Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in the areas of employment law counseling, litigation, compliance, internal investigations, and crisis counseling in emergency situations, including those arising from the COVID-19 pandemic. He counsels clients through all phases of the employment cycle, including hiring, restrictive covenants, disciplinary action, and leave management, and has substantial experience in successfully handling both large-scale reductions in force and high-profile individual employee separations.
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James F. Bryton
Of Counsel
Littler Mendelson
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a... | Read More
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a litigator, he provides training sessions regarding best practices for in-house and human resources professionals. Mr. Bryton also advises on issues including onboarding matters, leaves of absence and accommodations, performance management and discipline, discrimination, harassment, employment policy development and implementation, wage and hour issues, and worker classifications. Prior to joining the firm, Mr. Bryton litigated employment discrimination, sexual harassment, and hostile work environment claims as senior counsel in the Labor and Employment Division of the City of New York.
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Colton D. Long
Shareholder
Littler Mendelson
Mr. Long is an experienced litigator and legal advisor who prides himself on providing thorough, timely, and pragmatic... | Read More
Mr. Long is an experienced litigator and legal advisor who prides himself on providing thorough, timely, and pragmatic legal advice on a broad range of business matters affecting employer-employee relationships across the United States. He also has broad experience advising businesses on employer policies and practices, with particular experience guiding clients through the maze of workforce matters that arise for young and fast-growing businesses. Mr. Long's first priority is building positive working relationships with clients, instilling trust, and working proactively to take complex legal issues head on. He is also passionate about providing pro bono legal work and giving back to his community and devotes his time on behalf of multiple nonprofit organizations across the Chicago metro area.
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Donna J. Williams
Attorney
Kelleher + Holland
Ms. Williams describes herself as a motivated, dedicated, and responsive attorney with a comprehensive background in... | Read More
Ms. Williams describes herself as a motivated, dedicated, and responsive attorney with a comprehensive background in counseling and representing foreign and domestic companies across varied industries, in large and complex dispute proceedings. In her 30-plus-year legal career, she has gained extensive experience in insurance defense and coverage disputes, commercial and contract disputes, international arbitration and transnational disputes, trade secrets, and internal compliance and investigation. Ms. Williams's litigation work frequently involved large exposures and proceedings implicating multiple jurisdictions, and investigations of alleged corruption, including bribery and money laundering. She makes sure her clients understand the complexities of their cases, educating them on litigation risks and exposure. Ms. Williams's class action experience includes allegations of unfair trade practices, fiduciary breach, RICO and consumer fraud claims.
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