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The Daubert Exclusion Just Got Reversed: Defending Causation Experts Under Amended Rule 702

A Daubert exclusion just got reversed. Learn to depose causation experts, build winning exclusion motions under amended Rule 702, audit reinstated expert reports, and re-challenge reliability on remand after the Second Circuit’s acetaminophen MDL decision.

2026-10-08 12:00:00

Program Details

2026-10-08 12:00:00

Program Details

2026-10-08 12:00:00

Over 1,000+ webinars

2026-10-08 12:00:00

Course Overview

The Daubert Fight No Longer Ends at Exclusion

2026-10-08 12:00:00

The December 2023 amendments to Federal Rule of Evidence 702 made the preponderance standard explicit and added a reliability-of-application requirement. Then the Second Circuit’s July 2026 acetaminophen MDL decision reversed a landmark exclusion and remanded for further proceedings. The exclusion fight now runs in two rounds.

Miss a methodological gap at deposition and the exclusion motion loses its foundation. Ignore law-of-the-case limits on remand and a renewed challenge collapses. The Paraquat, Onglyza, Engilis, and Zantac exclusions now define the boundaries of an acceptable general-causation methodology. Plaintiffs answer reversals with updated reports and substitute experts.

Attendees leave with a replicable deposition-to-Daubert framework for exposing methodological deficiencies and converting concessions into exclusion arguments. They also gain a concrete remand framework for auditing reinstated expert reports, identifying application-level attack vectors, and anticipating plaintiffs’ supplementation maneuvers.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Amended Rule 702 Framework
How the December 2023 preponderance standard reshapes exclusion motions and remand challenges
02
Deposition Strategy
Locking in methodological gaps that convert into winning Daubert arguments
03
Building the Daubert Motion
Structuring and arguing exclusion motions drawing on Paraquat, Onglyza, Engilis, and Zantac
04
Acetaminophen MDL Reversal
What the Second Circuit’s July 2026 decision actually held and binds
05
Law-of-the-Case Constraints
Where fresh application-level attacks remain available after an appellate reversal
06
Plaintiffs’ Counter-Moves
Anticipating updated reports, substitute experts, and supplementation maneuvers on remand

Program schedule

clock 12:00 pm - 1:00 pm EST

Running the General-Causation Exclusion Motion: Deposition to Daubert

This session walks defense counsel through the full arc of a general-causation exclusion motion under amended Federal Rule of Evidence 702—from targeted deposition of the plaintiff’s causation expert through Daubert briefing and hearing. Attorneys will learn how the December 2023 amendment’s explicit preponderance standard and reliability-of-application requirement change both deposition strategy and motion practice, drawing on recent landmark exclusions in the Paraquat, Onglyza, Engilis, and Zantac litigations. Participants will leave with a replicable framework for exposing methodological deficiencies at deposition and converting those concessions into winning exclusion arguments at the Daubert stage.

Jessica Benson CoxJessica Benson Cox
Eric M. Friedman Eric M. Friedman 
clock 1:10 pm - 2:10 pm EST

The Remand Playbook: Re-Challenging Reliability After a Reversal

This session examines what defense counsel must do after an appellate court reverses a Daubert exclusion and remands for further proceedings — a scenario now live in the Second Circuit’s July 2026 acetaminophen MDL decision. Attorneys will learn how the 2023 amendments to FRE 702 sharpen the defense’s toolkit on remand, how law-of-the-case doctrine constrains re-challenge strategy, and how to attack expert reliability at the methodology-application level rather than the methodology-acceptance level. Attendees will leave with a concrete framework for auditing reinstated expert reports, identifying new attack vectors, and anticipating plaintiffs’ supplementation maneuvers on remand.

Jessica Benson CoxJessica Benson Cox
Eric M. Friedman Eric M. Friedman 
Jessica Benson Cox

Jessica Benson Cox

Faegre Drinker Biddle & Reath LLP

Eric M. Friedman 

Eric M. Friedman 

Faegre Drinker Biddle & Reath LLP

Jessica Benson Cox

Jessica Benson Cox

Faegre Drinker Biddle & Reath LLP

Jessica Benson Cox is a trial attorney based in Indianapolis who defends clients in personal injury matters built on complex questions of science and medicine, including cases involving traumatic brain injuries, medical devices, pharmaceuticals, cosmetics, consumer products, and digital platforms. She serves as co-chair of Faegre Drinker’s pharmaceutical and medical device practice team and brings more than 15 years of experience in mass tort litigation, where she currently co-leads an MDL in the Southern District of Indiana and has directed science and expert strategy in litigation over local anesthetics, orthopedic products, and cardiovascular devices.

Education & Credentials

Jessica earned her J.D., cum laude, from Case Western Reserve University School of Law in 2006, where she served as articles editor of the Law Review, and her B.S. in Child Development and Psychology, magna cum laude, from Vanderbilt University in 2003. She is admitted to the Indiana bar and to the U.S. District Courts for the Central District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Jessica is ranked in Chambers USA for Indiana Litigation: Product Liability (2026) and was named a Law360 Rising Star in Product Liability in 2019, in large part for her bellwether trial work. Her honors also include the Indianapolis Business Journal's Forty Under 40 (2018), the Indiana State Bar Association's Outstanding Young Lawyer award (2015), and Indiana Super Lawyers Rising Star recognition in General Litigation (2015, 2017–20) and Personal Injury – Products: Defense (2016). She serves as co-chair of Faegre Drinker's pharmaceutical and medical device practice team.

Professional Involvement

Jessica is active in the American Bar Association's Section of Litigation, where she participates in the Pharmaceutical, Medical Device, and Biotech Subcommittees, and she belongs to the Indiana State Bar Association and the Defense Research Institute. She served on the Law360 Product Liability Editorial Advisory Board in 2020 and has served on the board of directors of the Juvenile Diabetes Research Foundation's Indiana State Chapter since 2012.

Experience

Jessica has developed bellwether trial selection strategies, pursued screening orders that led to the dismissal of hundreds of cases, overseen inventory and individual settlement negotiations, and helped streamline discovery and motion practice in large-scale litigation. She has tried cases involving complex medical issues in jurisdictions across the country, including work on the Cook Medical IVC filter national MDL and the trial team that secured a complete defense verdict for the NCAA, and her team has achieved dismissals through motion practice under the laws of 21 states. She also advises pharmaceutical companies on product liability considerations for biologics and biosimilars and on compliance with state and federal restrictions on pharmaceutical marketing.
Eric M. Friedman 

Eric M. Friedman 

Faegre Drinker Biddle & Reath LLP

Eric M. Friedman is an Indianapolis-based product liability defense attorney whose practice centers on the scientific and expert witness issues that arise in tort litigation. A biochemist before becoming a lawyer, he moves comfortably between medical literature and case law, defending the science behind clients’ products, developing defense theories, and identifying weaknesses in opposing experts’ opinions. He serves as co-chair of Faegre Drinker’s Product Liability and Mass Torts Science & Experts Team and writes frequently on developments in expert witness discovery and admissibility.

Education & Credentials

Eric earned his J.D., magna cum laude and Order of the Coif, from the University of California, Hastings College of the Law in 2011, where he served as senior articles editor of the Hastings Law Journal. He also holds an M.A. in Molecular and Cell Biology from the University of California, Berkeley (2007) and a B.S. in Biochemistry from the University of Wisconsin – Madison (2003). He is admitted to the bars of California and Indiana and to the U.S. District Courts for the Southern District of Indiana and the Central and Northern Districts of California.

Recognition & Leadership

Eric has been named to the Best Lawyers "Ones to Watch" list for Product Liability Litigation – Defendants each year from 2022 through 2025 and recognized by JD Supra as a "Top 10 Product Liability Author" in its Readers' Choice Awards from 2023 through 2025. He has appeared on Faegre Drinker's Pro Bono Honor Roll from 2020 through 2025 and serves as co-chair of the firm's Product Liability and Mass Torts Science & Experts Team.

Professional Involvement

Eric is a member of the Indianapolis Bar Association and the Defense Research Institute, and he contributes regularly to the Faegre Drinker on Products blog, writing on developments in expert witness discovery and admissibility.

Experience

Eric defends companies against a wide variety of tort claims, with particular depth in the scientific and expert witness issues that arise in product liability litigation, including work on the Cook Medical IVC filter national MDL. Before joining the firm, he practiced with a defense firm in the San Francisco Bay Area, assisting clients on hundreds of California tort cases from pre-litigation through settlement and trial. He also works pro bono to help veterans obtain disability benefits.
Jessica Benson Cox

Jessica Benson Cox

Faegre Drinker Biddle & Reath LLP

Jessica Benson Cox is a trial attorney based in Indianapolis who defends clients in personal injury matters built on complex questions of science and medicine, including cases involving traumatic brain injuries, medical devices, pharmaceuticals, cosmetics, consumer products, and digital platforms. She serves as co-chair of Faegre Drinker’s pharmaceutical and medical device practice team and brings more than 15 years of experience in mass tort litigation, where she currently co-leads an MDL in the Southern District of Indiana and has directed science and expert strategy in litigation over local anesthetics, orthopedic products, and cardiovascular devices.

Education & Credentials

Jessica earned her J.D., cum laude, from Case Western Reserve University School of Law in 2006, where she served as articles editor of the Law Review, and her B.S. in Child Development and Psychology, magna cum laude, from Vanderbilt University in 2003. She is admitted to the Indiana bar and to the U.S. District Courts for the Central District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Jessica is ranked in Chambers USA for Indiana Litigation: Product Liability (2026) and was named a Law360 Rising Star in Product Liability in 2019, in large part for her bellwether trial work. Her honors also include the Indianapolis Business Journal's Forty Under 40 (2018), the Indiana State Bar Association's Outstanding Young Lawyer award (2015), and Indiana Super Lawyers Rising Star recognition in General Litigation (2015, 2017–20) and Personal Injury – Products: Defense (2016). She serves as co-chair of Faegre Drinker's pharmaceutical and medical device practice team.

Professional Involvement

Jessica is active in the American Bar Association's Section of Litigation, where she participates in the Pharmaceutical, Medical Device, and Biotech Subcommittees, and she belongs to the Indiana State Bar Association and the Defense Research Institute. She served on the Law360 Product Liability Editorial Advisory Board in 2020 and has served on the board of directors of the Juvenile Diabetes Research Foundation's Indiana State Chapter since 2012.

Experience

Jessica has developed bellwether trial selection strategies, pursued screening orders that led to the dismissal of hundreds of cases, overseen inventory and individual settlement negotiations, and helped streamline discovery and motion practice in large-scale litigation. She has tried cases involving complex medical issues in jurisdictions across the country, including work on the Cook Medical IVC filter national MDL and the trial team that secured a complete defense verdict for the NCAA, and her team has achieved dismissals through motion practice under the laws of 21 states. She also advises pharmaceutical companies on product liability considerations for biologics and biosimilars and on compliance with state and federal restrictions on pharmaceutical marketing.
Eric M. Friedman 

Eric M. Friedman 

Faegre Drinker Biddle & Reath LLP

Eric M. Friedman is an Indianapolis-based product liability defense attorney whose practice centers on the scientific and expert witness issues that arise in tort litigation. A biochemist before becoming a lawyer, he moves comfortably between medical literature and case law, defending the science behind clients’ products, developing defense theories, and identifying weaknesses in opposing experts’ opinions. He serves as co-chair of Faegre Drinker’s Product Liability and Mass Torts Science & Experts Team and writes frequently on developments in expert witness discovery and admissibility.

Education & Credentials

Eric earned his J.D., magna cum laude and Order of the Coif, from the University of California, Hastings College of the Law in 2011, where he served as senior articles editor of the Hastings Law Journal. He also holds an M.A. in Molecular and Cell Biology from the University of California, Berkeley (2007) and a B.S. in Biochemistry from the University of Wisconsin – Madison (2003). He is admitted to the bars of California and Indiana and to the U.S. District Courts for the Southern District of Indiana and the Central and Northern Districts of California.

Recognition & Leadership

Eric has been named to the Best Lawyers "Ones to Watch" list for Product Liability Litigation – Defendants each year from 2022 through 2025 and recognized by JD Supra as a "Top 10 Product Liability Author" in its Readers' Choice Awards from 2023 through 2025. He has appeared on Faegre Drinker's Pro Bono Honor Roll from 2020 through 2025 and serves as co-chair of the firm's Product Liability and Mass Torts Science & Experts Team.

Professional Involvement

Eric is a member of the Indianapolis Bar Association and the Defense Research Institute, and he contributes regularly to the Faegre Drinker on Products blog, writing on developments in expert witness discovery and admissibility.

Experience

Eric defends companies against a wide variety of tort claims, with particular depth in the scientific and expert witness issues that arise in product liability litigation, including work on the Cook Medical IVC filter national MDL. Before joining the firm, he practiced with a defense firm in the San Francisco Bay Area, assisting clients on hundreds of California tort cases from pre-litigation through settlement and trial. He also works pro bono to help veterans obtain disability benefits.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

1000+

Live stream programs

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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
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
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
Pending
Wisconsin
Pending
Wyoming
Pending

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