Reshaping Expert Witness Testimony Under Amended Federal Rule of Evidence 702

Jill Steinberg, partner at Ballard Spahr and member of the firm's White Collar Defense and Investigations Group, will co-present this professional development course for BARBRI with Anthony L. Cochran, partner at Smith Gambrell Russell. The webinar will be eligible for 1.5 CLE credits in most states.

The event description:

This webinar will address how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702, which was amended last year to clarify that (1) the burden is on the proponent of expert testimony to establish admissibility by a preponderance of the evidence standard, and (2) a reliable application of the principles and methods to the facts of the case is required. The panel will discuss these and other important issues:

• What is required to show it is more likely than not that an expert's opinion reflects a reliable application of the principles and methods to the facts of the case?
• What issues arise when experts are offering emerging theories, e.g., query whether a technique or theory has been generally accepted in the scientific community or is emerging?
• Can historically accepted evidence be challenged and excluded under the new standards, e.g., must all experts meet the Rule 702 threshold?
• Are counsel tendering experts obligated to caution them about where their methodology and "expertise" ends in order to prevent ipse dixit and avoid an unreliable application of the principles and methods to the facts of the case?