Expert Witnesses in Employment Litigation: Rule 702 Amendments, Impact on Witness Selection and Daubert Challenges

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, May 22, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

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.

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.

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.

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.
Description
Federal Rule of Evidence 702 was recently amended with its most significant changes in almost 25 years to clarify the standard for admitting expert testimony in light of frequent misapplication by courts regarding the burden and the courts' gatekeeping role over expert testimony.
Under the amended rule, when it comes to admitting expert testimony: (1) the proponent has the burden to establish by a preponderance of the evidence that the expert's methods are "more likely than not" reliable and meet the admissibility requirements set forth in the rule; and (2) the expert's opinion must reflect a reliable application of the principles and methods to the facts of the case, requiring a tighter connection between experts' opinions and the methods they use.
Employment litigators should understand what effects the amended rule may have when using expert witnesses--including selecting expert witnesses to meet the clarified admissibility standard and survive Daubert challenges, eliciting testimony from the expert in a deposition to undermine their credentials, and successfully bringing or defending a Daubert challenge.
Listen as our expert panel discusses amended Rule 702 and its impact on using expert witnesses in employment litigation. The panel will review recent case law to examine 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?
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