Expert Witnesses & Daubert Strategies Practice Group

The Expert Witnesses & Daubert Strategies Practice Group is a specialized litigation team led by Matthew Wendler and supported by our Daubert Appellate Teammate Diran Seropian. The group is dedicated to the strategic analysis, preparation, and challenge of expert testimony in complex and high-exposure cases. Because expert opinions frequently shape the trajectory of modern civil litigation, this practice group focuses on ensuring that only reliable, scientifically supported, and methodologically sound expert testimony is presented to a jury.

For insurers and corporate clients, controlling expert testimony can significantly influence case valuation, litigation risk, and trial outcomes. The practice group works proactively to identify weaknesses in opposing expert opinions and develop targeted strategies to challenge unsupported or unreliable testimony before it reaches a jury.

Particular emphasis is placed on admissibility standards established under Daubert v. Merrell Dow Pharmaceuticals, Inc., which requires that expert testimony be grounded in reliable principles and methodology before it may be admitted into evidence.

The team serves as a dedicated internal resource for high-exposure litigation, supporting trial counsel and claims professionals by taking the lead on expert depositions, admissibility challenges, and strategic evidentiary motions designed to exclude or limit unreliable expert testimony.

Strategic Expert Analysis

Attorneys within the practice group conduct detailed technical and methodological analyses of opposing expert reports, deposition transcripts, underlying data, and supporting literature. The objective is to identify vulnerabilities that can be leveraged during deposition, through motion practice, or at trial. The team evaluates issues such as:

• Methodological reliability and scientific validity
• Unsupported assumptions or speculative conclusions
• Analytical gaps between data and opinion
• Failure to follow accepted professional standards
• Improper extrapolation or unsupported causation theories
• Litigation-driven bias or advocacy-based opinions

Through disciplined analysis and early expert evaluation, the practice group helps ensure that unreliable opinions are challenged before they influence juror decision-making.

For more information contact Dan Santaniello.

Artificial Intelligence–Driven Expert Testimony Analysis

The practice group collaborates with Chief Strategies Officer, Janine Menendez-Aponte, who integrates artificial intelligence and advanced litigation analytics to evaluate expert witnesses and their prior testimony across multiple cases.

Using AI-assisted review tools, attorneys analyze prior depositions, trial testimony, expert reports, and judicial rulings involving opposing experts. This approach allows the team to uncover patterns and vulnerabilities that may not be readily apparent through traditional research.

AI-assisted analysis allows the team to:

• Identify inconsistent opinions given by experts across cases
• Locate prior Daubert challenges or judicial criticism of an expert’s methodology
• Identify testimony patterns that may suggest litigation-driven bias
• Locate prior statements that can be used for impeachment during deposition or trial
• Develop precise and targeted expert deposition strategies

By combining legal expertise with advanced analytical technology, the practice group develops highly focused deposition strategies designed to undermine unsupported expert opinions and strengthen the defense position.

Expert Depositions and Daubert Motion Practice

The Expert Witnesses & Daubert Strategies Practice Group is routinely engaged in significant matters to lead expert witness depositions and admissibility challenges.

Attorneys in the group prepare and conduct expert depositions designed to:

• Test the reliability of methodologies
• Expose analytical gaps between data and conclusions
• Establish evidentiary foundations for Daubert motions
• Identify unsupported assumptions or speculative opinions
• Limit the scope of expert testimony before trial

Following these depositions, the group develops and litigates Daubert motions and other evidentiary challenges seeking to exclude or limit unreliable expert testimony. This work includes:

• Strategic planning and execution of expert depositions 
• Drafting and litigating Daubert motions and evidentiary challenges 
• Preparing for and arguing Daubert hearings 
• Developing cross-examination strategies for expert witnesses at trial

By narrowing or excluding unreliable expert testimony before trial, the group helps ensure that juries consider only reliable, methodologically sound opinions grounded in credible science and data.

Development and Preparation of Defense Experts

In addition to challenging opposing experts, the practice group works closely with trial teams in the selection, preparation, and strategic development of defense experts. This includes:

• Identifying highly qualified experts with credible methodologies 
• Evaluating reliability of expert opinions before disclosure 
• Stress-testing expert opinions to anticipate Daubert challenges
• Preparing experts for deposition and trial testimony
• Presenting complex technical concepts in a clear and persuasive manner

This collaborative process helps ensure that defense experts are not only admissible under Daubert, but also credible and effective before juries.

High-Exposure Case Support for Insurers and Corporate Clients

The practice group is frequently engaged in matters involving significant financial exposure, catastrophic injury claims, technical liability issues, and complex expert testimony.

In these cases, the admissibility and credibility of expert testimony can materially affect:

• Trial outcomes
• Case valuation
• Settlement strategy
• Exposure management

By strategically managing expert testimony throughout litigation, the team helps clients:

• Exclude unreliable or speculative expert opinions
• Strengthen the credibility of defense experts
• Improve case valuation and exposure assessment
• Reduce litigation risk before trial
• Position cases for favorable resolution or defense verdicts

Common Experts We Analyze and Challenge

The group routinely evaluates and challenges expert testimony in areas including:

• Biomechanical engineering
• Accident reconstruction
• Medical causation experts
• Life care planners
• Vocational rehabilitation experts
• Economic damages experts
• Medical billing and cost experts
• Safety and human factors experts
• Industry standard-of-care experts

When to Engage the Expert Witness & Daubert Strategies Team

Insurance carriers, corporations, and claims professionals often engage this practice group when:

• A case involves significant potential exposure
• Opposing experts present novel or questionable scientific theories
• Early expert evaluation may influence case valuation or settlement posture
• Expert testimony will likely be central to liability or damages issues
• A case is approaching expert discovery or trial preparation

Early engagement allows the team to develop targeted deposition strategies, admissibility challenges, and coordinated trial strategies designed to reduce evidentiary risk and strengthen the defense position.

Commitment to Evidence-Based Advocacy

The mission of the Expert Witnesses & Daubert Strategies Practice Group is to ensure that complex cases are decided based on reliable evidence rather than speculation or unsupported expert opinion.

Through disciplined expert analysis, strategic deposition practice, advanced technology, and targeted motion practice, the team helps eliminate unreliable testimony often described as “junk science” while strengthening the presentation of credible expert evidence.

This approach enhances the defense position in complex litigation and helps ensure that juries reach verdicts grounded in science, methodology, and the rule of law.