30(b)(6) Depositions for Construction Claims: Deposing and Defending the Corporate Witness
Drafting and Responding to Deposition Notices; Selecting the Right Designee; Witness Preparation
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will prepare construction litigators to depose or defend corporate representatives under the amended Federal Rule of Civil Procedure 30(b)(6), taking into account issues unique to construction litigation. The program will provide best practices for plaintiffs to meet the Rule 30(b)(6) "meet and confer" requirements, draft the notice, effectively question a company's designated witness, and handle objections. The program will also discuss how defense counsel can effectively respond to the deposition notice, select and prepare the company's designated representative, and effectively manage the scope of the deposition.
Outline
- Rule 30(b)(6) overview
- Issues unique to construction claims
- Plaintiff concerns
- Advantages vs. disadvantages of Rule 30(b)(6) witness
- Notice of deposition
- Meet and confer requirement
- Timing/sequence considerations
- Selecting exhibits
- Defending objections
- When the witness is unprepared
- Defense concerns
- Evaluating and objecting to the notice
- Moving for protection
- Privilege considerations
- Other objections
- Investigation
- Selecting the designee
- Preparing the designee
- Defending the deposition
- Objections
- Instructions to the witness
- Evaluating and objecting to the notice
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- What issues unique to construction claims may affect how counsel prepares to take or defend a Rule 30(b)(6) deposition?
- What considerations should plaintiff's counsel keep in mind when noticing the deposition?
- How should defense counsel strategically determine who should represent the company in the deposition?
- What are the particular dangers of designating a lawyer, or someone else with extensive privileged information, as a 30(b)(6) witness?
Faculty
Mark Johnson
Principal
Offit Kurman
Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has... | Read More
Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has first chair experience in over 30 jury trials, bench trials and complex arbitrations. Mr. Johnson’s construction law experience includes representing owners, general contractors, subcontractors, and design professionals in private and public works construction litigation involving extra work claims, changed condition claims, delay claims, loss of productivity claims, defective work claims, products liability claims regarding defects in construction materials, insurance coverage for construction claims, and California contractor’s licensing laws. He has represented clients in arbitrations and lawsuits regarding an array of construction disputes in state and federal courts in several states as well as the federal Civilian Board of Contract Appeals and the California Public Works Contract Arbitration program. Mr. Johnson is a frequent author and speaker on topics regarding the construction industry.
Close
Carol Sigmond
Partner
Greenspoon Marder
Ms. Sigmond is a partner in the Construction and Litigation practice groups at Greenspoon Marder, with over 40... | Read More
Ms. Sigmond is a partner in the Construction and Litigation practice groups at Greenspoon Marder, with over 40 years of legal experience. She specializes in construction and real estate matters, including arbitration, appeals, bid protests, contract preparation, mediation, litigation, receivership, and suretyship. Ms. Sigmond represents clients in construction defect litigation and helps expedite construction projects by ensuring proper contracts are in place. She has a strong background in litigating construction disputes for both public and private sector projects. Ms. Sigmond is well-versed in preparing various contract documents, such as design-build, construction management, guaranteed maximum price, and fixed-price contracts. Additionally, she serves as a mediator and arbitrator for construction and real estate cases with the New York County Supreme Court and the American Arbitration Association. Ms. Sigmond's experience extends to advising on receiverships, having worked with creditors and debtors in various receivership cases. She has played an active role in the New York construction law community, serving as Vice President of the New York State Bar Association and President of the New York County Lawyers Association. Ms. Sigmond is a frequent speaker and author on construction law topics and publishes “The Co-Op Condo Help Line” in the Mann Report.
Close
Jacqueline Greenberg Vogt
Partner, Chair Construction Law Practice Group
Mandelbaum Barrett
With a passion for the construction industry, Ms. Vogt draws on her wide-ranging expertise to represent a diverse... | Read More
With a passion for the construction industry, Ms. Vogt draws on her wide-ranging expertise to represent a diverse clientele, including owners, developers, investors, lenders, and contractors throughout every stage of the construction process. From the initial conception and project planning phase to contract negotiations, bid preparation, and project delivery, she brings a wealth of knowledge and experience to her clients. Ms. Vogt ‘sexpertise extends to a wide array of construction-related issues, including payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, personal injury claims, labor, and employment matters, as well as default and convenience terminations. She is also well-versed in litigating claims against surety bonds and construction insurance policies, ensuring her clients’ rights and interests are protected. She also addresses creditors’ rights and bankruptcy issues, offering a holistic perspective when navigating challenging financial circumstances. Ms. Vogt has successfully tried cases in state courts, administrative tribunals, and arbitration panels, showcasing her courtroom prowess and ability to advocate passionately for her clients’ interests.
Close