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  • videocam On-Demand
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Defending Rule 30(b)(6) Corporate Depositions: Responding to Deposition Notices, Selecting and Preparing Witnesses

  • videocam On-Demand
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes
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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.

Presented By

Jennifer Hurley McGay
Partner
Lewis Johs Avallone Aviles, LLP

Ms. Hurley McGay represents individuals and companies in both small and large complex commercial disputes in state and federal courts, as well as in bankruptcy proceedings. She has experience litigating cases involving a broad spectrum of substantive issues, including business torts, class actions, contract, construction disputes, bankruptcy, securities law, intellectual property, employment, and corporate issues. The clients in these cases have been both plaintiffs and defendants engaged in a wide variety of industries, including financial services, oil and gas, cable and media, sporting goods, telecommunications, electronics, insurance, information technology, and cash management and financial technology. Ms. Hurley McGay handles matters during all phases of litigation through trial, appeal, and settlement. She regularly counsels clients in ways to avoid or minimize litigation risks and is well versed in various forms of alternative dispute resolution, including arbitration and mediation. Ms. Hurley McGay also negotiates and drafts business agreements, including employment agreements, participation agreements, and non-disclosure agreements, and advises clients on transactional and regulatory matters and the day-to-day issues affecting their businesses. Her experience includes substantial experience representing credit unions and she is well versed in the specific rules and regulations that govern credit unions and Credit Union Service Organizations.

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, August 31, 2022

  • schedule

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

  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

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?