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Reed Smith |
Monday, October 04, 2010 |
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Communications Between Attorney and Testifying Expert Are Discoverable in Pennsylvania
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Addressing an issue of first impression in Pennsylvania, the Pennsylvania Superior Court recently concluded that an attorney's communications with a testifying expert are discoverable. This important decision puts Pennsylvania law squarely at odds with the newly amended Federal Rule 26(b)(4), set to take effect December 1, 2010, which prohibits discovery of drafts of an expert's reports as well as communication between counsel and the expert. Now, as much as ever, it is critical to understand the venue-specific rules on communications with experts.
To read the full alert, click on the icon below.
Reed Smith Alert 10-220
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About Reed SmithReed Smith is a global relationship law firm with nearly 1,600 lawyers in 22 offices throughout the United States, Europe, Asia and the Middle East. Founded in 1877, the firm represents leading international businesses, from Fortune 100 corporations to mid-market and emerging enterprises. Its lawyers provide litigation and other dispute resolution services in multi-jurisdictional and other high-stakes matters; deliver regulatory counsel; and execute the full range of strategic domestic and cross-border transactions. Reed Smith is a preeminent advisor to industries including financial services, life sciences, health care, advertising, technology and media, shipping, energy trade and commodities, real estate, manufacturing, and education. For more information, visit reedsmith.comU.S.: New York, Chicago, Los Angeles, Washington, San Francisco, Philadelphia, Pittsburgh, Oakland, Princeton, Northern Virginia, Wilmington, Silicon Valley, Century City, RichmondEurope: London, Paris, Munich, GreeceMiddle East: Abu Dhabi, DubaiAsia: Hong Kong, Beijing© Reed Smith LLP 2010. All rights reserved. Business from offices in the United States and Germany is carried on by Reed Smith LLP, a limited liability partnership formed in the state of Delaware; from the other offices, by Reed Smith LLP of England; but in Hong Kong, the business is carried on by Richards Butler in association with Reed Smith LLP (of Delaware, USA). A list of all Partners and employed attorneys as well as their court admissions can be inspected at the firm's website. Attorney Advertising. This Alert may be considered advertising under the rules of some states. Prior results described cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.
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