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Program Details
2026-12-01 12:00:00
Over 1,000+ webinars
Course Overview
2026-12-01 12:00:00
2h CLE Credits
Intermediate
2
This hour covers the decision you make before the opposing expert says a word under oath. The question is whether to depose, serve a file-only subpoena, take a short factual-basis deposition, or move on the report alone, with an incomplete file and the Rule 702 deadline running. It works from the Fourth Circuit’s August 2026 O’Connor v. Fairfax Taxi exclusion, the Ninth Circuit’s preparation-fee rule in Miller v. Sawant, and the September 2026 Villanueva ruling on an expert’s ChatGPT use. You leave with a gap-chart template, a depose-or-not decision tree, and an annotated Rule 45 rider with an AI paragraph, ready to apply to the next report on your desk.
Shannon N. Proctor
Elyse A. ShimadaThis hour is taught from the examining chair. It shows how to take the deposition of an opposing retained expert so the transcript carries a Rule 702 motion. The decision points are where an intermediate litigator stalls: whether to pursue a new opinion that surfaces mid-examination or stop, how to close the facts-or-data list after EcoFactor and Villanueva without inviting a fresh analysis, how to isolate assumed facts under the O’Connor holding, and how to stay inside Rule 26(b)(4)(C). Attendees leave with a modular examination outline, a Rule 30(c)(2) record script, and an excerpt checklist for the motion.
Shannon N. Proctor
Elyse A. Shimada
Hollingsworth LLP

Hollingsworth LLP

Hollingsworth LLP
Shannon N. Proctor is a partner in the Washington, DC office of Hollingsworth LLP, where her litigation work covers the full life of a case: developing expert witnesses, taking and defending depositions, drafting complex motions, and arguing in court. She has spoken nationally on expert testimony under Federal Rule of Evidence 702. Her practice is concentrated in pharmaceutical and medical device products liability litigation for Fortune 500 companies across the country, and also includes toxic torts, business interruption and commercial disputes, and amicus advocacy. She came to the law after more than a decade working in the pharmaceutical industry and holds a degree in chemistry.

Hollingsworth LLP
Elyse A. Shimada is a partner in the Washington, DC office of Hollingsworth LLP who writes and speaks regularly on Federal Rule of Evidence 702, its 2023 amendments, and the court’s gatekeeping role over expert testimony. She defends manufacturers in products liability litigation in state and federal courts nationwide, and she also handles insurance coverage matters, pursuing recovery from insurers on covered claims.

Hollingsworth LLP
Shannon N. Proctor is a partner in the Washington, DC office of Hollingsworth LLP, where her litigation work covers the full life of a case: developing expert witnesses, taking and defending depositions, drafting complex motions, and arguing in court. She has spoken nationally on expert testimony under Federal Rule of Evidence 702. Her practice is concentrated in pharmaceutical and medical device products liability litigation for Fortune 500 companies across the country, and also includes toxic torts, business interruption and commercial disputes, and amicus advocacy. She came to the law after more than a decade working in the pharmaceutical industry and holds a degree in chemistry.

Hollingsworth LLP
Elyse A. Shimada is a partner in the Washington, DC office of Hollingsworth LLP who writes and speaks regularly on Federal Rule of Evidence 702, its 2023 amendments, and the court’s gatekeeping role over expert testimony. She defends manufacturers in products liability litigation in state and federal courts nationwide, and she also handles insurance coverage matters, pursuing recovery from insurers on covered claims.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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