Preparing Witnesses for Deposition: Overcoming Challenges With 30(b)(6) Representatives and Fact and Expert Witnesses

Navigating Current Restrictions on Defending Counsel, Complying with Ethical Guidance, and Strategies for Witness Preparation

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

Conducted on Thursday, January 12, 2017
Recorded event now available

This CLE webinar will focus on the critical importance of preparing the fact, expert and Rule 30(b)(6) witness for deposition in view of the current restrictions on what defending counsel can do at the deposition to protect the witness.


Defending counsel best defends the witness by thorough preparation in advance of the deposition. Different types of witnesses present different challenges during the preparation process.

There are significant restrictions on what defending counsel can do at the deposition with respect to objecting to questions, directing the witness not to answer or conferring with the witness once the deposition begins. Thorough preparation requires defending counsel to develop a comprehensive plan that is tailored to the individual witness and to engage in several rehearsals of the witness under deposition conditions.

There are also special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses that counsel must navigate. Finally, counsel must understand the nuances of the ethical guidance on witness preparation.

Listen as our authoritative panel of litigators provides tips for effective preparation of the fact, expert and Rule 30(b)(6) witness for deposition and examines the special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses. Finally, the panel will provide ethical guidance for defense counsel throughout the witness preparation process.


  1. Current restrictions on defending counsel at a deposition
  2. Ethical guidance on witness preparation
  3. Tips for preparing the fact witness to perform at his/her best
  4. Special considerations for preparing Rule 30(b)(6) witnesses or corporate representatives
  5. Special considerations for preparing expert witnesses


The panel will review these and other key issues:

  • What are the current restrictions on defending counsel at a deposition?
  • What are the relevant ethical rules applicable to preparing witness testimony?
  • How can counsel best prepare fact and expert witnesses to perform at their best?
  • What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?


Mark H. Bloomberg, Partner
Zuber Lawler & Del Duca, New York

Mr. Bloomberg is an intellectual property litigator. With more than 30 years of experience, he has represented clients in infringement actions, and advised clients concerning patent infringement, validity, remedies and licensing. During this time, Mr. Bloomberg has participated in all aspects of patent litigation, including jury trials, bench trials, claim construction hearings, arbitrations and appeals. He has represented clients in a number of technology areas, including computers, video games, telecommunication systems, electronic trading systems, business methods and medical devices.

John C. (Jay) Maloney, Jr., Partner
Zuber Lawler & Del Duca, New York

Mr. Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product liability and class action litigation, particularly in relation to the healthcare industry. Among his many representations, Mr. Maloney was counsel to major pharmaceutical company in nationwide DES litigation for more than 25 years, including successfully opposing three motions for class certification. He has substantial experience working with medical, financial and valuation experts, both consulting and testifying. Mr. Maloney is a frequent author and presenter on witness preparation.

S. Calvin Walden, Partner
Wilmer Cutler Pickering Hale and Dorr, New York

Mr. Walden's practice focuses on intellectual property advice and litigation, with an emphasis on patent litigation and IP-related arbitrations and licensing disputes, and on advising clients concerning IP asset management, new products and licensing issues. He has served as counsel for a broad range of clients, including public companies, private high technology and medical technology companies, and companies in the graphic arts. Mr. Walden has argued and tried cases in federal district courts across the country, and has successfully argued in the Federal Circuit, the Second Circuit Court of Appeals, and before the International Trade Commission. 


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David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

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Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


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Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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