The Author

Ethan MinkinHarris Sliwoski LLP

Ethan Minkin is a seasoned attorney and has counseled clients on a wide variety of matters. His expertise includes complex transactions, healthcare regulatory matters, corporate bankruptcies and complex litigation. Ethan has handled hundreds of closings, from mergers and acquisitions to finance deals and securitizations. He has also litigated hundreds of matters in his career, having been involved in many high profile cases. Ethan has also counseled clients for cannabis related matters, including acquisitions, litigation and regulatory advice. He is currently assisting clients with cannabis regulatory issues.

During Ethan’s career, he started the Phoenix bankruptcy practice for a AmLaw 100 law firm. He has represented clients in bankruptcy proceedings across the United States, and has been admitted pro hac vice in many jurisdictions, including the Southern District of New York, the Central District of Florida, the Central and Southern Districts of California, the District of Nevada, and several other jurisdictions. Ethan has represented some of the world’s largest banks, financial institutions and special servicers in various bankruptcy, insolvency and other civil matters, as well as many regional and local banks.

Prior to returning to private practice in 2018, Ethan was the CEO and de facto General Counsel of a Phoenix-based biotech company. Prior to his CEO experience, Ethan has substantial experience as both a private practice attorney and an in-house attorney.

In addition to working with the Phoenix-based biotech company, Ethan was in-house with one of the world’s largest financial institutions and a national Medicaid HMO that was purchased by Aetna. Ethan began his career with the largest Phoenix-based law firm, and went on to become a partner at two large national law firms (AmLaw 100 and 200 firms).

Ethan received his undergraduate degree in Political Science from Washington University in St. Louis. He then received a Masters in Public Health, with a concentration in health policy, from the University of North Carolina at Chapel Hill. Ethan attended the University of Baltimore School of Law, where he graduated cum laude.

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Expert Depositions and Trial Disclosures:

What Every Litigator Needs to Know

The consequences of failing to understand disclosure issues for experts are severe. In federal cases, counsel needs to be aware of the supplementation requirements. Failure to timely supplement an expert report can lead to inadmissible testimony by the expert. 

The pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial.

Abstract:

Expert disclosures in litigation are vitally important for trial testimony and planning for trial. Arizona law permits expert deposition testimony to expand on the topics and/ or opinions set forth in a disclosure statement. Conversely, supplementation for an expert’s report in federal court is more limited for deposition testimony, and likewise requires a timely written disclosure based on the deposition testimony. Failure to appreciate these issues can lead to unanticipated surprises at trial.

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