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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, September 19, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will prepare trial attorneys to defend the depositions of corporate representatives during litigation. The panel will discuss how to respond to a Rule 30(b)(6) deposition notice and select and prepare witnesses for the deposition. The panel will also review the new "meet and confer" requirement applicable when noticing a Rule 30(b)(6) deposition.

Faculty

John C. Maloney
Of Counsel
Traflet & Fabian

Mr. Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product liability and class action litigation, particularly in relation to the healthcare industry. Among his many representations, Mr. Maloney has been counsel to a major pharmaceutical company in nationwide DES litigation for more than 40 years, including successfully opposing three motions for class certification. He has substantial experience working with medical, financial and valuation experts, both consulting and testifying. Mr. Maloney is a frequent author and presenter on witness preparation.

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Jennifer Hurley McGay
Partner
Lewis Johs Avallone Aviles, LLP

Ms. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts, including more than 15 years of experience defending federal and state securities law claims, as well as experience litigating bankruptcy and a variety of common law claims. Her practice includes litigation involving structured products, such as CDOs, asset-backed securities and swaps

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Description

Rule 30(b)(6) corporate deposition can be a valuable tool, a non-event, or a significant challenge. Preparation for and defense of a corporate designee's deposition directly impacts a case's success and potential future claims. With a high potential for significant consequences caused by careless mistakes, counsel must know how to prepare for and defend a corporate deposition.

Rule 30(b)(6) depositions present complex challenges and serious legal risks for a company. Counsel must strategically determine who should represent the corporation at the deposition, how much preparation is adequate, and how to deal with privilege issues. Indeed, failure to prepare not only risks damaging testimony but could expose the party to further deposition time as well as financial penalties.

Listen as our panel of experienced business trial attorneys explains how corporations, through counsel, can minimize risk when responding to a Rule 30(b)(6) deposition notice and in selecting, preparing, and defending witnesses for the deposition.

Outline

  1. Critical aspects of Rule 30(B)(6) that differentiate it from other forms of discovery
    1. This is not a "PMK" deposition
    2. Why limits may not apply here
  2. Considerations when responding to a notice of deposition
    1. Issues to consider when receiving and responding to a notice of deposition
    2. Best steps for negotiating with counsel, objecting, and filing an appropriate motion
    3. Meet and confer requirement
  3. Selecting and preparing a corporate representative for deposition
    1. Attributes of good Rule 30(b)(6) witnesses and things to avoid
    2. Best strategies for "educating" a witness in advance of a deposition
  4. Preparing for the use of the 30(b)(6) testimony at trial
    1. Whether or not to designate a lawyer as a Rule 30(b)(6) witness
  5. Properly defending the deposition
    1. Responding to questions beyond the scope of the "list of matters for examination"
    2. Handling aggressive questions and a noncompliant witness
    3. How to respond to inaccurate or incomplete information
    4. When the deposition ends, the defense attorney's job does not
  6. Problem areas to avoid and what may be at risk
    1. Common problems
    2. Court rulings and sanctions
  7. Final tips for the taking and defending attorney
    1. Serving a good notice
    2. Preparing for the deposition
    3. Following up on bad answers, including whether and when to file a motion to compel
    4. Using Rule 30(b)(6) testimony at trial

Benefits

The panel will review these and other high priority issues:

  • How should corporate counsel respond to a Rule 30(b)(6) deposition notice that appears to be vague, overbroad, or seeks privileged information?
  • What are the particular dangers of designating a lawyer or someone else with extensive privileged information as a Rule 30(b)(6) witness?
  • To what extent must or should general counsel educate a witness in advance of a 30(b)(6) deposition?