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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, October 9, 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 webinar will examine FRCP Rule 30's standard for deposition conduct, specifically as it relates to attorney behavior during depositions in employment litigation. The panel will discuss sanctionable behavior under Rule 30(d)(2), providing examples and case law support demonstrating how the courts determine what behavior is sanctionable. The panel will address when parties should move for sanctions, discuss how to defend against motions for sanctions, and offer best practices for defending clients while avoiding deposition misconduct.

Faculty

Rebecca Ojserkis
Attorney
Cohen Milstein Sellers & Toll PLLC

Ms. Ojserkis is an Associate in Cohen Milstein’s Civil Rights & Employment Litigation practice, where she litigates civil rights and employment class and collective actions. Prior to working in private practice, Ms. Ojserkis litigated cases at the ACLU, where she worked with the Women’s Rights Project, Immigrants’ Rights Project, and National Prison Project. She also clerked for the Honorable Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit and the Honorable Sidney H. Stein of the U.S. District Court for the Southern District of New York.

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James F. Bryton
Of Counsel
Littler Mendelson PC

Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a litigator, he provides training sessions regarding best practices for in-house and human resources professionals. Mr. Bryton also advises on issues including onboarding matters, leaves of absence and accommodations, performance management and discipline, discrimination, harassment, employment policy development and implementation, wage and hour issues, and worker classifications. Prior to joining the firm, Mr. Bryton litigated employment discrimination, sexual harassment, and hostile work environment claims as senior counsel in the Labor and Employment Division of the City of New York. 

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Description

Depositions play a key role in employment litigation as the evidence obtained often leads to settlement. Yet, attorney behavior and misconduct during depositions has led to federal courts increasingly imposing sanctions under Rule 30(d)(2).

Rule 30 provides the standard for deposition conduct and Rule 30(c)(2) specifically addresses the manner in which objections should be made. Namely, objections "must be stated concisely in a nonargumentative and nonsuggestive manner," and deponents may only be instructed not to answer a deposition question only when necessary to preserve privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).

Rule 30(d)(2) allows courts to impose sanctions on "any person who impedes, delays, or frustrates the fair examination of the deponent." Therefore, employment litigators should clearly understand what conduct is considered sanctionable under Rule 30(d)(2) and how they may best protect their clients' interests while avoiding deposition misconduct.

Listen as our expert panel provides an overview of Rule 30 as it pertains to attorney conduct during depositions, with a focus on Rule 30(d)(2), and discusses what the courts consider to be sanctionable attorney conduct and how it may be avoided. The panel will also discuss when to move for sanctions and how to defend against such motions.

Outline

  1. Introduction
    1. Federal Rule 30(c)(2) and (d)(2)
  2. Sanctionable conduct
    1. Argumentative objections
    2. Suggestive objections
    3. Directing a deponent not to answer
      1. Exceptions
    4. Failing to intervene when a client engages in deposition misconduct
  3. Court analysis for determining whether to impose sanctions
  4. Types of sanctions
  5. When to move for sanctions
  6. Defending against sanctions motions
  7. Practitioner takeaways

Benefits

The panel will address these and other important considerations:

  • How does Rule 30 govern attorney objections made during depositions?
  • What is considered sanctionable conduct by attorneys when making objections or interacting with their clients during depositions?
  • When should a party move for sanctions under Rule 30(d)(2)?
  • How may a party defend against a motion for sanctions?