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Expert Testimony Discovery

Esquire Deposition Solutions, LLC

AI-Generated Evidence Calls for Searching Judicial Inquiry

So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive,...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

McGinnis Lochridge on

$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

Goldberg Segalla

Virginia Court Limits Discovery in Talc Trade Libel Case

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United States District Court for the Eastern District of Virginia, Newport News Division - In the case of Pecos River Talc LLC v. Emory, plaintiff Pecos River Talc LLC (“Pecos River”) – a corporate entity formed as part of...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more

Morrison & Foerster LLP

When Your Life Sciences Are on the Line: IP Litigation and Trials

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the tenth episode of When Your Life Sciences Are on the...more

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

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Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

EDRM - Electronic Discovery Reference Model

Panel of Experts for Everyone About Anything – Part One

Imagine instantly accessing a room full of top experts ready to respond to your toughest questions, brainstorm creative solutions, or critique your new ideas, all without spending a dime. Whether you’re a seasoned attorney...more

Stark & Stark

Contesting a Will in Pennsylvania: The Legal Process

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the last will and testament will not reflect the true intentions...more

Ward and Smith, P.A.

Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel

Ward and Smith, P.A. on

Ed. Note: This is the third in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,...more

Stark & Stark

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

Stark & Stark on

In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more

Carey Olsen

Bermuda Litigation Guide 2025 (Chambers)

Carey Olsen on

The guide provide the latest Bermuda legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

A&O Shearman

Poster Presentation Tied To Business Objectives Serves As Evidence Of Infringement Of Patented Methods

A&O Shearman on

On February 12, 2025, the United States District Court for the District of Delaware denied defendant Parse Biosciences’s (“Parse”) motions for summary judgment that: (i) Parse had never actually conducted any direct or...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Year in Review – Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks

Parties involved in Patent Trial and Appeal Board (PTAB) proceedings sometimes contemplate submitting experimental data to support their positions. Although such data can be useful, there also are risks. Several recent cases...more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

McDermott Will & Schulte

Judicial Bias and Erroneous Admission of Expert Testimony Prompt Case Reassignment

The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Halliburton’s Closing

In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more

Morgan Lewis

Expert Testimony May Be Limited if ‘Confidential’ Information Is Withheld Under Section 6103

Morgan Lewis on

Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more

EDRM - Electronic Discovery Reference Model

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more

Zuckerman Spaeder LLP

New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

Zuckerman Spaeder LLP on

A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Kilpatrick

5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)

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Kilpatrick partners John Alemanni and Justin Krieger recently presented a CLE addressing “Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal).”...more

Knobbe Martens

Unsupported Expert Testimony Cannot Create a Genuine Issue of Material Fact

Knobbe Martens on

MIRROR WORLDS TECHS., LLC v. META PLATFORMS, INC. - Before Prost, Taranto, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: Expert testimony that is conclusory,...more

Faegre Drinker Biddle & Reath LLP

To Depose or Not to Depose: When Challenging Opposing Nonretained Experts Becomes Challenging

Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more

Baker Botts L.L.P.

Third Quarter 2024 Federal Circuit Law Update

Baker Botts L.L.P. on

Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant...more

Benesch

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and...

Benesch on

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more

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