Reprinted with permission from Law 360 Product Liability Law, http://www.law360.com

Law360, New York (February 22, 2010) -- Important changes to Federal Rule of Civil Procedure 26 are expected to take effect at the end of 2010. These changes will protect draft expert reports and most communications between experts and retaining attorneys from disclosure. They will also require parties to disclose some information about the opinions of experts who are not required to prepare reports.

These amendments enjoy widespread support from many legal organizations and commentators. The American Bar Association House of Delegates previously passed a resolution urging these changes and recommending that counsel voluntarily stipulate to these new protections. Accordingly, counsel should give serious consideration to availing themselves now, via stipulation, of these proposed amendments. 

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