How To Manage Joint Defense Experts In Cartel Litigation

Law360, New York (August 9, 2012, 1:12 PM EDT) -- Defense groups in antitrust cartel litigation often jointly hire experts to testify about issues common across defendants. The retention of joint experts makes much sense from a cost and trial management perspective. As to the former, sharing the substantial expense of experts among multiple defendants, as opposed to each defendant paying for its own expert, can save clients thousands (and in some cases, millions) of dollars. As to the latter, having each defendant offer cumulative expert testimony at trial often is impermissible, and in any event would bore the jury and waste time. For these reasons, in most cartel litigations joint defense groups hire jointly retained experts....

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