Deposition Strategies in Employment Litigation: Taking and Defending Depositions of Plaintiffs and Fact Witnesses

Leveraging Deposition Testimony During Discovery, Summary Judgment, Settlement and Trial

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 9, 2017
Recorded event now available

This CLE webinar will prepare employment litigators to take and defend depositions of plaintiffs and fact witnesses. The panel will explain tactics for preparing witnesses, outline techniques for effective questioning, and offer strategies for leveraging deposition testimony during discovery, summary judgment, settlement and trial.


Effective deposition skills are critical to a successful employment litigation practice. Information gained during depositions impacts summary judgment, trial strategy and settlement discussions. Obtaining or protecting critical information during depositions is key to a positive—or negative—case outcome.

Properly preparing deponents, taking control of the dynamics of a deposition, effectively questioning the witnesses, and strategically raising objections all have a significant impact on the amount and usefulness of information obtained during depositions.

Listen as our authoritative panel of employment litigators discusses effective witness preparation techniques, advanced questioning methods, and strategies for using deposition testimony during discovery, summary judgment hearings, settlement discussions and trial.


  1. Planning for depositions
    1. Determining who to depose
    2. Type of deposition
    3. Goals of deposition
    4. Seating arrangements, participant personalities and other “dynamics” considerations
    5. Witness preparation
    6. Document requests
  2. Taking and defending depositions
    1. Questioning witnesses
    2. Raising and responding to objections
    3. Using exhibits
    4. Using information obtained from social media
  3. Post-deposition strategies
    1. Using deposition information during discovery
    2. Using deposition information during summary judgment hearings
    3. Using deposition information during settlement discussions and trial


The panel will review these and other key issues:

  • What are the most common challenges employment litigators face when taking and defending depositions of plaintiffs and fact witnesses?
  • What deposition questioning techniques will maximize the information obtained from witnesses?
  • What strategies are effective when raising and responding to objections during depositions?
  • How can deposition testimony be most effectively used during summary judgment, discovery, settlement and trial?


Jesse A. Cripps, Partner
Gibson Dunn & Crutcher, Los Angeles

Mr. Cripps handles the full range of labor and employment matters under federal and state law, specializing in the defense of high-risk, complex and class action litigation. He has a wide-range of courtroom experience, including several months of experience in various state and federal jury trials. He speaks regularly on employment issues.

William C. Martucci, Partner
Shook Hardy & Bacon, Washington, D.C.

Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy matters. He has successfully defended various employment lawsuits and written and lectured extensively on employment law issues throughout the country. He has successfully tried a number of jury cases and has effectively managed a variety of class action cases.

Katherine V.A. Smith, Partner
Gibson Dunn & Crutcher, Los Angeles

Ms. Smith represents and advises employers in all aspects of labor and employment law. She has extensive experience representing employers in single plaintiff and class action litigation at both the trial court and appellate level, including matters involving race, sex, sexual orientation, disability, and age discrimination and harassment; wrongful termination; retaliation; wage and hour laws; ERISA and employee benefits; and unfair labor practices.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Audio Download (MP3) $297.00

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Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

The webinar was very practical with excellent handout materials that can be used for future reference.

Leslie A. Allen

Christian & Small

I thought the seminar gave a helpful and reliable overview of various uses of and effective preparation for depositions.

Thomas Mack

Miller Stratvert

The speakers were knowledgeable and presented useful information.

Karen Shaffer-Levy

Reed Elsevier

The program gave me in-depth information that I was completely unfamiliar with.

Amy Epton

Whitfield, McGann & Ketterman

I liked that the speakers were brief, but hit on relevant cases and issues and answered listener questions effectively.

Lauren Hager

Korshak Kracoff Kong & Sugano

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs


Holland & Hart

Joshua Davis


Goulston & Storrs

Barbara E. Hoey


Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


Gibson Dunn & Crutcher

Peter Steinmeyer


Epstein Becker & Green

Teresa R. Tracy


Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

or call 1-800-926-7926

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