Rule 30(b)(6) Depositions in Employment Litigation: Strategies for Deposing and Defending the Corporate Witness
Drafting and Responding to Deposition Notices; Selecting the Right Designee; Issues Unique to Employment Claims

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, February 21, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will prepare employment counsel to depose or defend corporate representatives under the amended Federal Rule of Civil Procedure 30(b)(6), taking into account issues unique to employment litigation. The program will provide best practices for plaintiffs to meet the Rule 30(b)(6) "meet and confer" requirements, draft the notice, effectively question the employer's designated witness, and handle objections. The program will also discuss how defense counsel can effectively respond to the deposition notice, select and prepare the employer's designated representative, and effectively manage the scope of the deposition.
Faculty

Mr. Boling represents domestic and international clients doing business in the US and around the world, especially in the areas of employment law counseling, litigation, compliance, internal investigations, and crisis counseling in emergency situations, including those arising from the COVID-19 pandemic. He counsels clients through all phases of the employment cycle, including hiring, restrictive covenants, disciplinary action, and leave management, and has substantial experience in successfully handling both large-scale reductions in force and high-profile individual employee separations.

Ms. Chambers primarily focuses on matters of discrimination and retaliation. She has extensive experience in conducting corporate investigations to identify and resolve issues before needing to resort to legal action. Ms. Chambers also works in whistleblower protection, severance negotiations, and employee counseling. She has served as lead litigator in jurisdictions across the country, developing a special interest in cases of gender discrimination and retaliation in violation of the federal False Claims Act. In addition to her work in federal district courts, she routinely litigates matters before the U.S. Equal Employment Opportunity Commission and the Merit Systems Protection Board. Ms. Chambers also advocates for employee rights before possible violations necessitate legal action. Companies often ask her to conduct compliance investigations to root out any problems in their own investigative structure and to help evaluate the validity of claims, such as sexual harassment, in order to provide proper resolution. She has been praised for her quick turnaround and thorough reports.

For more than 25 years, U.S. multinational and domestic employers needing strong legal representation have sought out attorney Mr. Lewis. He helps clients in the financial services, health care, luxury retail, and other industries with all their employment law matters arising under U.S. and foreign law, including defending employers in litigation, arbitrations, and other forms of alternative dispute resolution. He advises on cross-border and domestic matters involving harassment, discrimination, retaliation, wage and hour requirements, gender pay equity, and restrictive covenants and trade secrets. The matters Mr. Lewis has defended at the federal, state, and local levels involve discrimination, harassment, retaliation, wage and hour, wrongful discharge, individual employment contracts, employee disloyalty and restrictive covenants, commission and compensation disputes, and other work-related tort claims. He has lectured and written extensively on issues of i employment law.
Description
Employment litigators frequently rely on Rule 30(b)(6) depositions as a strategic tool to question corporate representatives about specific topics and bind the corporation to the testimony. The goal is to obtain admissions and pin down the employer's positions on employment issues and company policies which it may have avoided in answering written discovery requests.
Plaintiff's counsel should guard against procedural missteps when noticing the deposition and anticipate defense counsel's objections, such as the claim that deposition questions are outside the scope of notice by including in the notice the proper mix of broad and narrow categories on which the witness must be prepared to testify.
Defense counsel should strategically determine who should represent the company. When facing employment-related claims, such as discrimination claims, counsel should ensure they have the proper witness who is familiar with the company's policies to avoid inadvertently binding the company to an inaccurate, and potentially harmful, stance. Counsel should also determine how much preparation is adequate and how to deal with privilege issues.
Listen as our expert panel guides practitioners through strategies for taking and defending 30(b)(6) depositions in the scope of employment claims. The panel will address issues unique to employment and how these may affect deposition preparation and describe best practices for plaintiff and defense counsel.
Outline
- Rule 30(b)(6) overview
- Issues unique to employment claims and how they may affect deposition strategy and preparation
- Plaintiff concerns
- Advantages vs. disadvantages of Rule 30(b)(6) witness
- Notice of deposition
- Meet and confer requirement
- Timing/sequence considerations
- Selecting exhibits
- Defending objections
- When the witness is unprepared
- Defense concerns
- Evaluating and objecting to the notice
- Moving for protection
- Privilege considerations
- Other objections
- Investigation
- Selecting the designee
- Preparing the designee
- Defending the deposition
- Objections
- Instructions to the witness
- Evaluating and objecting to the notice
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- What issues unique to employment claims may affect how counsel prepares to take or defend a Rule 30(b)(6) deposition?
- What considerations should plaintiff's counsel keep in mind when noticing the deposition?
- How should defense counsel strategically determine who should represent the company in the deposition?
- What are the particular dangers of designating a lawyer, or someone else with extensive privileged information, as a 30(b)(6) witness?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

New EEOC Guidance on Employer DEI Initiatives: Prohibited Conduct, Limited Defenses, Policy Review and Development
Friday, May 23, 2025
1:00 p.m. ET./10:00 a.m. PT

FCRA Basics for New Attorneys: Employment Background Checks, Compliant Policies, Penalties
Monday, May 19, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Making Continuing Education Work for You, Anytime, Anywhere
- Learning & Development
- Career Advancement