Track

Expert Reports and Daubert Motions

Advanced guidance on expert reports and rebuttals, including how to work with your expert to help them effectively plan and draft their reports. Focuses on the Opinions section, but then looks closely at the other sections of the report as well. Also gives strategic advice on drafting Daubert motions and Daubert oppositions. Covers specific ways to attack and defend an expert’s methodology, as well as how to select the best arguments.

This track qualifies for CLE. Select a jurisdiction for details.

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  1. still frame from Rules Preview

    Expert Reports: Opinions and Bases

    A nuanced look into how to work with your expert on the opinion section of their report. Walks through a detailed hypothetical to teach how to effectively probe your expert about the analysis and reasoning behind their opinion, then illustrates how to help your expert plan, organize, and ultimately draft the opinion section.

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    Expert Reports: Satisfying the Rules

    A detailed discussion of everything that needs to—or should—go into an expert report, besides the opinions themselves. A section-by-section look into strategy and drafting, in addition to compliance with the rules.

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    Rebuttal Expert Reports

    Strategic guidance regarding rebuttal expert reports. Covers how to work with your expert to efficiently and effectively review the other side’s opening report, decide which points to rebut, and outline the rebuttal. And discusses strategic drafting considerations as your expert writes and refines the report.

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    Moving to Exclude an Expert (Daubert Motions)

    An advanced discussion of moving to exclude an expert, including how to formulate arguments, different ways to attack methodology, and strategic drafting to persuade the judge.

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    Opposing a Daubert Motion

    A strategic look at how to defeat a Daubert motion. Includes how to use the legal standard to your advantage when responding to arguments, things you can do to defend your expert’s methods, how to go on offense in your brief, and a detailed example.