Expert Retention Agreement for Antitrust Litigation

Summary

An expert engagement retention agreement sets forth the terms of the expert's agreement to analyze and opine on issues relevant to a particular antitrust litigation. The engagement letter should define the general scope of the expert's work and the remuneration terms. Engagement agreements may be discoverable, so it is important that the engagement letter is clear about the scope of the expert's assignment and that the payment terms do not create any opening for claims of bias by the expert. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. For a more comprehensive list of related antitrust litigation content, see Antitrust Litigation Resource Kit (Federal). For a detailed discussion of the use of experts in antitrust litigation, see the practice note Expert Testimony in Antitrust Litigation.