In-House Counsel’s Role in Selecting and Managing Experts

Bruce Friedman

May 13, 2011

Bingham McCutchen LLP

Girlfriend Expert

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In-House Counsel’s Role in Selecting Experts

1. Employees

2. Company consultants

3. Experts and consultants in other cases

4. Industry, professional and trade associations

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In-House Counsel’s Role in Preparation and Cross Examination of Experts

1. The expert report

2. Preparation of expert to testify3. Development of cross-examination

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Privileges That Attach to Consultants and Experts

1. Work Product Privilege –FRCP, Rule 26(b)(4)(D)

2. Work Product Privilege as to Communication with Experts and Drafts of Expert Reports –FRCP, Rule 26(b)(4)(B) and (C)

Flummoxed Expert

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Federal Rule of Civil Procedure Rule 26(b)(4)(D)

Federal Rules of

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Federal Rules of

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Federal Rule of Civil Procedure Rule 26(b)(4)(C)

Federal Rules of

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Federal Rule of Civil Procedure Rule 26(b)(4)(B)

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