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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, March 31, 2020

  • 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 focus on the critical importance of preparing the fact, expert, and Rule 30(b)(6) witness for deposition given the current restrictions on what defending counsel can do at the deposition to protect the witness.

Faculty

Mark H. Bloomberg
Of Counsel
Zuber Lawler LLP

Mr. Bloomberg is an intellectual property litigator. With more than 35 years of experience, he has represented clients in infringement actions, and advised clients concerning patent infringement, validity, remedies and licensing. During this time, Mr. Bloomberg has participated in all aspects of patent litigation, including jury trials, bench trials, claim construction hearings, arbitrations and appeals. He has represented clients in a number of technology areas, including computers, video games, telecommunication systems, electronic trading systems, business methods and medical devices.

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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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Description

Defending counsel best defends the witness by thorough preparation in advance of the deposition. Different types of witnesses present different challenges during the preparation process.

There are significant restrictions on what defending counsel can do at the deposition when objecting to questions, directing the witness not to answer, or conferring with the witness once the deposition begins. Thorough preparation requires defending counsel to develop a comprehensive plan that is tailored to the individual witness and to engage in several rehearsals of the witness under deposition conditions.

There are also special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses that counsel must navigate. Finally, counsel must understand the nuances of the ethical guidance on witness preparation.

Listen as our authoritative panel of litigators provides tips for effective preparation of the fact, expert, and Rule 30(b)(6) witness for deposition, and examines the special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses. Finally, the panel will provide ethical guidance for defense counsel throughout the witness preparation process.

Outline

  1. Current restrictions on defending counsel at a deposition
  2. Ethical guidance on witness preparation
  3. Tips for preparing the fact witness to perform at his/her best
  4. Special considerations for preparing Rule 30(b)(6) witnesses or corporate representatives
  5. Special considerations for preparing expert witnesses

Benefits

The panel will review these and other key issues:

  • What are the current restrictions on defending counsel at a deposition?
  • What are the relevant ethical rules applicable to preparing witness testimony?
  • How can counsel prepare fact and expert witnesses to perform at their best?
  • What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?