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 video webinar with Q&A
This CLE course will prepare employment trial lawyers 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 useful 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
Gibson, Dunn & Crutcher
Mr. Jordan is a litigation associate in the Orange County office of Gibson, Dunn & Crutcher. He currently... | Read More
Mr. Jordan is a litigation associate in the Orange County office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department, where he is a member of the White Collar Defense and Investigations and the Labor and Employment practice groups.
In his white collar practice, Mr. Jordan represents corporations, audit committees, and individuals in internal and white collar criminal investigations and before government agencies in matters involving securities violations, whistleblower claims, and the Foreign Corrupt Practices Act. In his labor and employment practice, he represents companies in wage-and-hour, harassment, and discrimination matters which range from large class actions to individual arbitrations.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