Expert Compensation Disclosure

Among other holdings in In re DePuy Orthopaedics, the Fifth Circuit observed: “Suppose we did believe [counsel]’s various and independent explanations for why he could pay his expert before and after trial without ever compromising the witness’s non-retained status. An opinion countenancing his behavior would read like a blueprint on how to evade Rule 26 with impunity. Parties could pay experts ‘for their time’ before trial and later exchange compelling ‘pro bono’ testimony for sizable, post-trial ‘thank you’ checks.” No. 16-11051 et seq. (April 25, 2018) (emphasis in original).