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Expert Testimony After the Rule 702 Amendments: Where Are We Now? (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Norton Rose Fulbright US LLP)

Expert testimony rules transformed by 2023 Rule 702 amendments strengthening judicial gatekeeping and requiring preponderance standard for admissibility.

2025-12-03 14:00:00

1 hours

Program Details

2025-12-03 14:00:00

Program Details

2025-12-03 14:00:00

Over 1,000+ webinars

2025-12-03 14:00:00

1 hours

Course Overview

Mastering Expert Testimony After Rule 702 Amendments

2025-12-03 14:00:00

Participants will learn how courts apply the 2023 Rule 702 amendments to evaluate expert witness reliability. Practitioners gain strategies for challenging unreliable testimony and building stronger evidentiary records.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Historical Foundation
Expert testimony evolved from the 1782 Wells Harbour case through Frye and Daubert standards.
02
2023 Amendments
New Rule 702 requires proponents demonstrate admissibility by preponderance of evidence.
03
Predatory Journals
Experts may publish in fake peer-reviewed journals that accept any submission for payment.
04
Gatekeeping Role
Courts must actively evaluate expert reliability rather than deferring questions to juries.
05
Recent Cases
Circuit courts are applying stricter standards to exclude unreliable expert methodology and opinions.
06
Practitioner Strategy
Attorneys should conduct discovery on actual peer review processes underlying expert methodologies.

Program schedule

clock 2:00 pm - 2:20 pm EST

Substantive Changes to Federal Rule of Evidence 702

This session examines the 2023 amendments to Rule 702, focusing on the new preponderance of evidence standard and the requirement that experts stay within the bounds of their methodology. Participants will learn how these changes clarify the judicial gatekeeping role and address prior issues of courts overstating the ‘liberal thrust’ of the rule.

Charmaine HarrisCharmaine Harris
Gene HummelGene Hummel
William ChildsWilliam Childs
clock 2:20 pm - 2:40 pm EST

Eighth Circuit's Sprafka Ruling and Recent Case Law

This session analyzes the Sprafka v. Medical Device Business Services decision and other post-amendment case law from circuits including the Fourth, Sixth, and Ninth. Participants will explore how courts are applying heightened scrutiny to expert methodology, including issues of insufficient data, improper differential diagnosis, and unreliable application of scientific principles.

Charmaine HarrisCharmaine Harris
Gene HummelGene Hummel
William ChildsWilliam Childs
clock 2:40 pm - 3:00 pm EST

Strategies for Navigating Heightened Expert Scrutiny

This practical session covers strategies for challenging unreliable expert testimony, including investigating predatory journals and conducting discovery on actual peer review processes. Participants will learn how to build thorough records that help courts make informed gatekeeping decisions under the amended rule.

Charmaine HarrisCharmaine Harris
Gene HummelGene Hummel
William ChildsWilliam Childs
Charmaine Harris

Charmaine Harris

Norton Rose Fulbright US LLP

Gene Hummel

Gene Hummel

Norton Rose Fulbright US LLP

William Childs

William Childs

Bowman and Brooke LLP

Charmaine Harris

Charmaine Harris

Norton Rose Fulbright US LLP

Charmaine K. Harris’s practice focuses on medical device, products liability defense and other complex litigation. She serves as a lead associate for a Fortune 500 Company defending product liability and premises liability claims in state and federal courts nationwide.

Education & Credentials

Prior to law school, Charmaine was a senior mechanical design engineer at Medtronic, Inc.

Recognition & Leadership

She is a named inventor on five patents for spinal cord stimulation devices.

Experience

Charmaine conducts discovery depositions, represents clients at mediations and negotiates settlements. She is experienced in defending asbestos and employment-related disputes. As a former medical device engineer at Medtronic's Neuromodulation business unit, she designed, tested and improved spinal cord stimulation devices, giving her sophisticated understanding of technologically complicated cases.
Gene Hummel

Gene Hummel

Norton Rose Fulbright US LLP

Gene Hummel represents and counsels businesses nationwide in a variety of civil litigation matters including products liability, contract disputes, business torts and other complex litigation.

Professional Involvement

Gene has an active pro bono practice, representing asylum seekers as well as tenants in housing disputes in both state and federal courts, including the 8th Circuit.

Experience

He has previous experience in construction and employment litigation representing clients in midsized and large matters including commercial disputes, contract disputes and construction defect liability defense.
William Childs

William Childs

Bowman and Brooke LLP

Bill Childs is a national attorney with nearly 25 years of experience defending clients in the pharmaceutical and medical device industries, focusing on pharmaceutical mass tort, patent, commercial and other complex litigation.

Experience

His Fortune 500 in-house experience includes serving as litigation counsel for two major corporations, giving him unique perspective on managing high-stakes litigation from both outside and in-house counsel roles. He has extensive experience defending large-volume mass torts, working with technical experts including sales representatives, FDA experts, epidemiologists and physicians. He has represented a medical device manufacturer in trade secret matters, an educational tablet maker in warranty matters, an all-terrain vehicle manufacturer in warranty matters including trying a case to verdict, and a highway safety equipment manufacturer in personal injury litigation.
Charmaine Harris

Charmaine Harris

Norton Rose Fulbright US LLP

Charmaine K. Harris’s practice focuses on medical device, products liability defense and other complex litigation. She serves as a lead associate for a Fortune 500 Company defending product liability and premises liability claims in state and federal courts nationwide.

Education & Credentials

Prior to law school, Charmaine was a senior mechanical design engineer at Medtronic, Inc.

Recognition & Leadership

She is a named inventor on five patents for spinal cord stimulation devices.

Experience

Charmaine conducts discovery depositions, represents clients at mediations and negotiates settlements. She is experienced in defending asbestos and employment-related disputes. As a former medical device engineer at Medtronic's Neuromodulation business unit, she designed, tested and improved spinal cord stimulation devices, giving her sophisticated understanding of technologically complicated cases.
Gene Hummel

Gene Hummel

Norton Rose Fulbright US LLP

Gene Hummel represents and counsels businesses nationwide in a variety of civil litigation matters including products liability, contract disputes, business torts and other complex litigation.

Professional Involvement

Gene has an active pro bono practice, representing asylum seekers as well as tenants in housing disputes in both state and federal courts, including the 8th Circuit.

Experience

He has previous experience in construction and employment litigation representing clients in midsized and large matters including commercial disputes, contract disputes and construction defect liability defense.
William Childs

William Childs

Bowman and Brooke LLP

Bill Childs is a national attorney with nearly 25 years of experience defending clients in the pharmaceutical and medical device industries, focusing on pharmaceutical mass tort, patent, commercial and other complex litigation.

Experience

His Fortune 500 in-house experience includes serving as litigation counsel for two major corporations, giving him unique perspective on managing high-stakes litigation from both outside and in-house counsel roles. He has extensive experience defending large-volume mass torts, working with technical experts including sales representatives, FDA experts, epidemiologists and physicians. He has represented a medical device manufacturer in trade secret matters, an educational tablet maker in warranty matters, an all-terrain vehicle manufacturer in warranty matters including trying a case to verdict, and a highway safety equipment manufacturer in personal injury litigation.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Approved
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Approved
Wisconsin
Approved
Wyoming
Approved

Alabama

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.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs