Judge: Copying Expert Reports in Multiple Cases May Violate Copyright

2 min readSources: Volokh Conspiracy

Judge Buchwald ruled copying expert reports for use in other cases may infringe copyright.

Why it matters: Law firms and legal operations must now treat expert reports as copyrighted content, even if publicly filed, ensuring compliance to avoid infringement risks.

  • On July 21, 2026, Judge Naomi Buchwald ruled copying expert reports across cases can infringe copyright in Olson v. McBride Law Firm.
  • Plaintiff Lindsay Olson sued attorneys for reusing her jury-bias expert reports copied from public court records without authorization.
  • This ruling aligns with a May 2026 D.C. District Court decision affirming copyright protection despite public docket availability.
  • Law firms should revise document handling to secure permissions before reusing expert reports in multiple cases.

On July 21, 2026, U.S. District Judge Naomi Reice Buchwald ruled in Olson v. McBride Law Firm, PLLC that copying an expert's report from one case for use in another constitutes copyright infringement. Lindsay Olson, a researcher focused on jury bias, accused several attorneys of copying her expert reports from publicly available court filings without permission and reusing them in different lawsuits.

The court confirmed that public access to filings does not erase copyright protection under 17 U.S.C. § 101. This follows a similar ruling in May 2026 by the U.S. District Court for the District of Columbia, which rejected attempts to dismiss Olson's copyright claims against separate attorneys who downloaded and reused her reports.

Legal teams should now treat expert reports as copyrighted works that require authorization before being refilled or reused across cases. This ruling mandates law firms reexamine their management of expert materials to avoid copyright liability.

The decisions underline the value courts place on expert reports as original works reflecting specialized analysis, not mere compilations of facts. Unauthorized copying risks legal repercussions and ethical violations by undermining the integrity of expert testimony.

Legal operations and compliance teams must integrate copyright diligence into workflows involving public court documents, especially when managing expert reports that may recur in multiple proceedings.

By the numbers:

  • July 21, 2026 — Date of Judge Buchwald’s ruling in Olson v. McBride Law Firm
  • May 2026 — Related ruling from U.S. District Court for the District of Columbia affirming copyright on public expert reports

What's next: Legal practitioners expect further clarifications from courts on copyright boundaries for reusing public court documents, including expert materials.