Expert Witnesses in Bankruptcy: Avoiding a Trap for the Unwary

January, 2015

Joseph K. Grekin and Jeffery J. Sattler published an article in the Summer 2014 issue of The Michigan Business Law Journal: “Expert Witnesses in Bankruptcy: Avoiding a Trap for the Unwary.”  The article warns that communications between attorneys and experts in bankruptcy court may not be protected by the work product doctrine.  This latent danger arises from 2010 amendments to the Federal Rules of Evidence, which, until the publication of the article, had mostly gone unnoticed by the debtors’ bar.  Schafer and Weiner is a national leader in cutting edge bankruptcy litigation.