Expertly Navigating Federal Expert Disclosure Rules

Law360, New York (April 29, 2011, 1:57 PM EDT) -- On Dec. 1, 2010, amended Rule 26(b)(4) of the Federal Rules of Civil Procedure became effective, reversing 17 years of virtually unfettered expert discovery and affording work product protection to draft reports of testifying experts and most communications between such experts and retaining counsel.

It would be a mistake, however, to assume that Rule 26 now affords the same protections that experienced counsel would often secure through stipulation prior to the 2010 amendment of Rule 26. Familiarity with the provisions of amended Rule 26, particularly its...
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