Preparing Witnesses for Deposition and Trial: Reconciling Demands of FRCP 26 and FRE 612
Protecting Attorney-Client Privilege and Navigating Work Product Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide litigators a roadmap for preparing witnesses to testify at deposition and trial with an eye to considering the key risks relating to attorney-client privilege and the work product doctrine. The panel will outline best practices for preserving and maintaining the privilege and protecting work product.
- Privilege and work product protection under FRCP 26
- Protecting core work product form disclosure under FRE 612
- Balancing FRCP 26 vs. FRE 612: case law developments
- Best practices for protecting privilege and work product in witness preparation
The panel will review these and other key questions:
- How can counsel best resolve the tension between FRCP 26 and FRE 612 when dealing with documents used to prepare witnesses?
- What can counsel taking the deposition do to maximize the ability to obtain documents used by the witness?
- What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?
Steven C. Bennett
Park Jensen Bennett
Mr. Bennett's practice focuses on complex domestic and international commercial litigation and arbitration,... | Read More
Mr. Bennett's practice focuses on complex domestic and international commercial litigation and arbitration, including bankruptcy, construction, corporate governance, data security, energy, privacy, real estate and other matters. He gained extensive trial experience during six years at the Office of the United States Attorney for the Southern District of New York, where he served as Chief of the Tax and Bankruptcy Unit, and nearly twenty years as a partner in a major international law firm.Close
Teresa Rider Bult
Constangy Brooks & Smith
Ms. Bult primarily focuses her practice on mediation and employment litigation defense, and has successfully tried... | Read More
Ms. Bult primarily focuses her practice on mediation and employment litigation defense, and has successfully tried both jury and non-jury cases in employment discrimination and wage claims, including class claims, at both the trial and appellate level. She has become known for effectively handling sexual harassment cases with complicated factual scenarios. Ms. Bult frequently speaks and provides training on relevant legal topics based on her experience, such as harassment and termination procedures.Close
Assistant General Counsel - Litigation & Employment
Mr. Cohen has a breadth of legal experience. He has worked in private practice with a large law firm as a... | Read More
Mr. Cohen has a breadth of legal experience. He has worked in private practice with a large law firm as a commercial litigator, in public service as a prosecutor, and in a boutique litigation firm of his own prior to his current role managing the dispute resolution and litigation portfolio in-house with Knowledge Universe. Knowledge Universe is the parent company to KinderCare Learning Centers, CCLC and Champions, early childhood education brands with operations in 39 states and approximately 1,700 centers. Mr. Cohen has managed cases varying from complex commercial and securities litigation to criminal cases and employment claims, and has successfully tried over forty jury trials to verdict.Close