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Expert Testimony and the Changes to FRCP Rule 26
Federal rules will soon be changing to apply the work-product protections of Federal Rules of Civil Procedure Rule 26(3)(A) and (B) to experts' draft reports and expert-attorney communications. According to the report that led to these rule changes (“Report of the Judicial Conference Committee on Rules of Practice and Procedure to the Chief Justice of the United States and Members of the Judicial Conference of the United States”), this means such documents will no longer be discoverable except for:
- those that relate to the expert's compensation;
- facts and data provided by counsel that the expert considered; and
- assumptions provided by counsel that the expert considered.
The amendments will be effective Dec. 1, 2010, pursuant to ratification of the proposals by the U.S. Supreme Court on July 15, 2010; however, care must be taken because the changes will not be applied retroactively. Thus, it may be wise for counsel to request discovery delays in the next few months to give their experts the protection of the upcoming changes.
The report notes that expert testimony has become critical to the litigation process and that the new rules will eliminate the “tortuous” procedures experts had to take to avoid preparing draft reports, taking notes, or making records of preliminary opinions.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?