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

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

A live 90-minute CLE webinar with interactive Q&A


Wednesday, August 9, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

Description

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.

Outline

  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

Benefits

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?

Faculty

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.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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.

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

*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
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

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.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
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Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

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Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

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 webinar was very comprehensive and will be useful for my clients.

Alicia Johnson

The webinar dealt directly with some issues that we are currently addressing.

Barbara E. Machin

Bunda Stutz & Dewitt

I appreciated the practical strategy issues raised by the speakers. The detailed information about specific techniques was especially helpful.

Jennifer Harrison

Faegre & Benson

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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