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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, June 29, 2023

  • 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 prepare class action counsel to depose or defend corporate representatives under recently amended Federal Rule of Civil Procedure 30(b)(6). The webinar will discuss best practices for plaintiffs to meet the 30(b)(6) "meet and confer" requirements, notice requirements, effectively question the corporate representative, and handle objections. The program will discuss how defense counsel can effectively respond to a Rule 30(b)(6) deposition notice, select and prepare witnesses for the deposition, and effectively manage the scope of a corporate deposition.

Faculty

Michael E. McCarthy
Shareholder
Greenberg Traurig LLP

Mr. McCarthy focuses his practice on complex commercial litigation and class action defense. Hel also specializes in financial institutions, construction, real estate, privacy and appellate litigation. Mr. McCarthy represents companies in a variety of industries, including retail, consumer products and financial services.

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Robert Neary
Of Counsel
Kozyak Tropin & Throckmorton

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and multi-district litigation, representing plaintiffs in fraud and deceptive trade practices, tort, and product liability claims. He has litigated actions in both Federal and State courts and has also litigated matters before the Financial Industry Regulatory Authority (FINRA).

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Melanie A. Conroy
Partner
Pierce Atwood LLP

Ms. Conroy focuses her practice on class action defense and complex commercial litigation. She has experience in investor and consumer class actions based on alleged consumer fraud and unfair practices, consumer privacy, medical device marketing, product recalls, website accessibility, banking disclosures, change of control transactions, insurance claims, securities laws, and fiduciary duties. Ms. Conroy has represented clients in connection with internal, government, and regulatory investigations, and has counseled boards of directors, board committees, and senior management on a broad range of matters, including securities, corporate governance, disclosure, data privacy, and regulatory issues.

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Description

Class action plaintiffs 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.

There are frequent disputes over the Rule 30(b)(6) deposition notice's adequacy and now Rule 30 requires the parties to meet and confer about various aspects of the deposition. There are also frequent disputes over whether the corporation fulfilled its obligation to select an appropriate deponent and properly prepare the deponent for deposition.

From the defendant's perspective, preparation for and defense of a corporate deposition directly impacts the case's success and potential future cases. Counsel must strategically determine who should represent the corporation at the deposition, how much preparation is adequate, and how to deal with privilege issues.

Listen as our panel of experienced class action litigators advise counsel how to depose or defend corporate representatives under FRCP 30(b)(6). The panel will look at best practices for plaintiffs to meet the notice requirements, effectively question the corporate representative, deal with difficult representatives, and handle objections. The panel will also discuss how defendants can effectively respond to a deposition notice and select and prepare witnesses.

Outline

  1. Plaintiff perspectives
    1. When to take a Rule 30(b)(6) deposition
    2. Notice requirements under Rule 30(b)(6)
    3. Preparing for the deposition
    4. Questioning the corporate representative
    5. Responding to objections
    6. Dealing with evasive or difficult corporate representatives
    7. Understanding the party's obligations in designating witnesses
    8. Effects of amended Rule 30(b)(6)
  2. Defense perspectives
    1. Responding to the deposition notice
    2. Selecting the 30(b)(6) witness
    3. Preparing for the deposition
    4. Problem areas
    5. When to take a Rule 30(b)(6) deposition of the plaintiff
    6. Effects of amended Rule 30(b)(6)

Benefits

The panel will review these and other key issues:

  • What are some best practices for crafting a deposition notice that adequately identifies the scope of the 30(b)(6) deposition?
  • What is the best way to employ the "meet and confer" requirement?
  • What strategies are effective when questioning the corporate representative and handling objections during the deposition?
  • How should defense 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 30(b)(6) witness?