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Practice Tip: Deposition of Plaintiff's Expert
Two goals drive nearly all expert depositions: 1) lay the groundwork for a motion to exclude the witness's testimony; and 2) in the event the motion is denied, elicit testimony to fuel an attack on the witness's credibility at trial. Armed with the neatly packaged, enumerated criteria of Federal Rule of Evidence 702 and additional factors set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), practitioners dedicate weeks to breaking down the expert's written report systematically and crafting deposition questions that aim to establish:
- The opinion is based on insufficient facts or data;
- The opinion is based on unreliable principles or invalid methods; and
- The witness failed to apply the principles and methods reliably to the facts of the case.
Fed. R. Evid. 702.
Before getting lost in the four corners of the written report, however, you should address the following threshold questions: Who is this person? Is he/she actually qualified to offer this opinion?
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.