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Reshaping Expert Witness Testimony Under Amended Federal Rule of Evidence 702

$297.00

This course is $0 with these passes:

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About the Course

Introduction

This webinar will address how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702, which was amended last year to clarify that (1) the burden is on the proponent of expert testimony to establish admissibility by a preponderance of the evidence standard, and (2) a reliable application of the principles and methods to the facts of the case is required.

Description

Effective Dec. 1, 2023, the trial judge must act as a true gatekeeper. Before allowing the jury to hear expert testimony, the court must find that "more likely than not" all the requirements in FRE 702(a)-(d) have been met.

The use of lay witnesses to provide expert testimony under Rule 701 will be discussed, including the "camouflaged" expert seeking to circumvent Rule 702 and the expert witness disclosures.

Preparation of expert witnesses will be discussed, including the preparation of reports and programming a witness' testimony under ABA Formal Opinion 508.

Listen as our panel addresses how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702.

Presented By

Anthony L. Cochran
Partner, Co-Head of the White-Collar Practice
Smith, Gambrell & Russell, LLP

During the 50 years Mr. Cochran has been practicing law in Atlanta, he has represented many individuals and businesses on a wide variety of complex matters. Mr. Cochran has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. His unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. Mr. Cochran is a Fellow in the American College of Trial Lawyers. In addition to his law practice, he served as former Chair and Director for the Zaban Paradies Center which assists homeless couples obtain housing and employment. Mr. Cochran regularly appears on continuing education panels, speaking at a large number of seminars on a variety of topics, including summary evidence under Federal Rule of Evidence 1006, the application of Daubert to expert testimony, representing individual physicians, white-collar criminal defense, and internal investigations.

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Jill Steinberg
Emory University

Ms. Steinberg is a litigator with 15 years of experience handling high-profile white collar and violent crime matters for the U.S. Department of Justice (DOJ). Prior to joining Ballard Spahr, she served as a U.S. Attorney and in the senior leadership at DOJ in Washington.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, September 25, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Historical perspective on expert testimony

II. 2023 Amendments

III. Scientific witnesses: assessing "reliable application of a principle or method"

IV. Non-scientific expert witnesses: pre- and post-amendment

V. Lay opinion witnesses: FRE 701 vs. FRE 702

VI. Stealth/camouflaged expert testimony

VII. Preparing expert witnesses for testimony

The panel will discuss these and other important issues: 

  • What is required to show it is more likely than not that expert's opinion reflects a reliable application of the principles and methods to the facts of the case?
  • What issues arise when experts are offering emerging theories, e.g., query whether a technique or theory has been generally accepted in the scientific community or is emerging? 
  • Can historically accepted evidence be challenged and excluded under the new standards, e.g., must all experts meet the Rule 702 threshold?
  • Are counsel tendering experts obligated to caution them about where their methodology and "expertise" ends in order to prevent ipse dixit and avoid an unreliable application of the principles and methods to the facts of the case?