Rule 30(b)(6) Changes One Year Later: Eliminating Deficient Subject Lists and Securing Better Prepared Witnesses

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, December 9, 2021
- 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 examine whether the 2020 amendments to Federal Rule of Civil Procedure 30(b)(6) have produced the hoped for improvements in getting better prepared witnesses giving useful testimony with fewer discovery disputes. The panel will review the language of the prior and current rules, best practices for the "meet and confer," any case law that has developed under the new rule, and best practices for Rule 30(b)(6) depositions.
Faculty

Mr. Regan is a partner in the Newark office of Lewis Brisbois and a member of the Products Liability Practice. He focuses his practice on the management and defense of large dockets of cases filed in multiple jurisdictions. Mr. Regan has advised on and provided clients with legal process mapping and systems to manage claims, implement internal response planning, and establish data collection protocols. A highly skilled commercial litigator with substantial first chair trial experience, he frequently represents corporate entities, from multinational Fortune 500 companies to closely held companies and individuals, against claims of serious and catastrophic injury that allegedly result from product liability or negligence and against claims of breach of warranty.

Ms. Schultz is an attorney in Ford’s Office of the General Counsel in the Litigation and Regulatory Group. She joined Ford after a career as a trial lawyer and partner at the Dykema firm in Bloomfield Hills, Michigan. Ms. Schultz has tried numerous cases to verdict and has presented and defended numerous witnesses as Rule 30(b)(6) witnesses. She also has extensive expertise on discovery matters. Ms. Schultz attended the University of Michigan-Ann Arbor and graduated in 1997. She attended the Wayne State University law School achieving her law degree in 2001.

Ms. Grossman is a partner in the Philadelphia office of Lewis Brisbois and a vice-chair of the Life Sciences Practice. She is a trial attorney representing companies in general liability, products liability and complex litigation matters. Having started her career in the biomedical field, Ms. Grossman now focuses her practice on representing various medical device and pharmaceutical companies in products liability matters relating to life sciences and biotechnology. She represents medical device companies in claims arising out of alleged malfunctions of surgical equipment, instruments, and implants; defending pharmaceutical companies in actions arising out of personal injury claims involving prescription medicines or over-the-counter (OTC) drugs; defending companies in relation to claims involving clinical trials; and serving as defense counsel in numerous mass-tort litigations both locally and nationwide. Ms. Grossman has also defended several compounding pharmacies in wrongful death/medical malpractice matters. She is experienced in all stages of litigation, including the coordination of discovery, trial preparation, depositions, court appearances, fact investigation, and the drafting of pleadings, motions, and briefs in state and federal jurisdictions.
Description
Rule 30(b)(6) contains the procedure for deposing an organization. Amendments in 2020 added provisions that were intended to address perceived problems with how the existing Rule was being implemented, including "overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses."
The changes were intended to shorten and streamline corporate depositions through the collaborative efforts of counsel. The issuing party and the organization are required to "confer in good faith about the matters for examination." The Committee Notes clarify that although the parties must confer in good faith, they are not required to agree.
The 30(b)(6) deposition is the opportunity for the issuing party to speak to the organization and confirm and preserve trial testimony. Still, it remains the organization's decision as to who will speak for it.
Listen as our authoritative panel discusses whether these changes achieved their goals or created another choke point in the discovery process and best practices for attempting to head off discovery disputes and conflicts early in the process.
Outline
- Comparison of the former and current text of Rule 30(b)(6)
- Changes that were suggested and abandoned
- How the rule changed federal court practice
- Addressing poorly worded and overbroad topics
- Avoiding poorly prepared witnesses
- Rules of evidence to consider during the conference
- Practical implications and best practices
Benefits
The panel will review these and other key issues:
- What are the changes for subpoenas and notices of deposition?
- What are the consequences of failing to meet and confer?
- The interplay between Rule 30(b)(6) and other Federal Rules
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