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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, August 12, 2025

  • 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 webinar will prepare construction litigators to depose or defend corporate representatives under the amended Federal Rule of Civil Procedure 30(b)(6), taking into account issues unique to construction 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 a company'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 company's designated representative, and effectively manage the scope of the deposition.

Faculty

Jacqueline Greenberg Vogt
Miscellaneous

With a passion for the construction industry, Ms. Vogt draws on her wide-ranging expertise to represent a diverse clientele, including owners, developers, investors, lenders, and contractors throughout every stage of the construction process. From the initial conception and project planning phase to contract negotiations, bid preparation, and project delivery, she brings a wealth of knowledge and experience to her clients. Ms. Vogt ‘sexpertise extends to a wide array of construction-related issues, including payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, personal injury claims, labor, and employment matters, as well as default and convenience terminations. She is also well-versed in litigating claims against surety bonds and construction insurance policies, ensuring her clients’ rights and interests are protected. She also addresses creditors’ rights and bankruptcy issues, offering a holistic perspective when navigating challenging financial circumstances. Ms. Vogt has successfully tried cases in state courts, administrative tribunals, and arbitration panels, showcasing her courtroom prowess and ability to advocate passionately for her clients’ interests.

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Description

In one of the most heavily litigated industries, construction 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 company's positions on issues and company policies related to the litigation.

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 construction-related claims, counsel should ensure they have the proper designee 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 construction claims. The panel will address issues unique to construction and how these may affect deposition preparation and describe best practices for plaintiff and defense counsel.

Outline

I. Rule 30(b)(6) overview

II. Issues unique to construction claims

III. Plaintiff concerns

A. Advantages vs. disadvantages of Rule 30(b)(6) witness

B. Notice of deposition

C. Meet and confer requirement

D. Timing/sequence considerations

E. Selecting exhibits

F. Defending objections

G. When the witness is unprepared

IV. Defense concerns

A. Evaluating and objecting to the notice

1. Moving for protection

2. Privilege considerations

3. Other objections

B. Investigation

C. Selecting the designee

D. Preparing the designee

E. Defending the deposition

1. Objections

2. Instructions to the witness

V. Practitioner takeaways

Benefits

The panel will review these and other important issues:

  • What issues unique to construction 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?