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
This CLE course 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.
- Planning for depositions
- Determining who to depose
- Type of deposition
- Goals of deposition
- Seating arrangements, participant personalities and other “dynamics” considerations
- Witness preparation
- Document requests
- Taking and defending depositions
- Questioning witnesses
- Raising and responding to objections
- Using exhibits
- Using information obtained from social media
- Post-deposition strategies
- Using deposition information during discovery
- Using deposition information during summary judgment hearings
- Using deposition information during settlement discussions and trial
The panel will review these and other high priority 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
Gibson Dunn & Crutcher
Mr. Cripps handles the full range of labor and employment matters under federal and state law, specializing in the... | Read More
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.Close
William C. Martucci
Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action... | Read More
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.Close
Katherine V.A. Smith
Gibson Dunn & Crutcher
Ms. Smith represents and advises employers in all aspects of labor and employment law. She has extensive... | Read More
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.Close