Rule 30(b)(6) Depositions in Class Action Litigation: Deposing or Defending Corporate Witness Depositions

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


Conducted on Thursday, November 2, 2017

Recorded event now available

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Program Materials

This CLE webinar will prepare class action counsel to depose or defend corporate representatives in accordance with FRCP 30(b)(6). The webinar will discuss best practices for plaintiffs to meet the 30(b)(6) notice requirements, effectively question the corporate representative, deal with difficult representatives, and defend objections. The program will discuss how defendants can effectively respond to a Rule 30(b)(6) deposition notice and how to select and prepare witnesses for the deposition.

Description

Class action plaintiffs rely on the Rule 30(b)(6) deposition as a strategic tool to question corporate representatives about specific topics related to the case and bind the corporation to the testimony.

Getting the 30(b)(6) notice right is key to a successful deposition. There are frequent disputes over the adequacy of the scope of the notice. There is also legal wrangling over whether the corporation fulfilled its obligation to select an appropriate deponent and properly prepare the deponent for deposition.

From the defendant’s perspective, preparation for and defense of a corporate deposition directly impacts the success of the case and potentially future cases. Counsel must strategically determine who should represent the corporation at the deposition, how much preparation is adequate, and how to deal with privilege issues.

Listen as our panel of experienced class action litigators prepares class action counsel to depose or defend corporate representatives in accordance with FRCP 30(b)(6). The panel will look at best practices for plaintiffs to meet the notice requirements, effectively question the corporate representative, deal with difficult representatives, and defend objections. The panel will also discuss how defendants can effectively respond to a deposition notice and how to select and prepare witnesses for the deposition.

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Outline

  1. Plaintiff perspectives
    1. When to take a Rule 30(b)(6) deposition
    2. Notice requirements under Rule 30(b)(6)
    3. Preparing for the deposition
    4. Questioning the corporate representative
    5. Raising and defending objections
    6. Dealing with evasive or difficult corporate representatives
    7. Understanding the party’s obligations in designations witnesses
  2. Defense perspectives
    1. Responding to the deposition notice
    2. Selecting the 30(b)(6) witness
    3. Preparing for the deposition
    4. Problem areas
    5. When to take a Rule 30(b)(6) deposition of the plaintiff

Benefits

The panel will review these and other key issues:

  • What are some best practices for crafting a deposition notice that adequately identifies the scope of the 30(b)(6) deposition?
  • How should attorneys respond when the corporate defendant designates an inappropriate deponent?
  • What strategies are effective when questioning the corporate representative and raising and defending objections during the deposition?
  • How should defense counsel respond to a Rule 30(b)(6) deposition notice that appears to be vague, overbroad or seeks privileged information?
  • What are the particular dangers of designating a lawyer, or someone else with extensive privileged information, as a 30(b)(6) witness?

Faculty

Keogh, Keith
Keith J. Keogh

Founder
Keogh Law

Mr. Keogh has represented class members before the Seventh Circuit and the First District of Illinois for over a...  |  Read More

McGay, Jennifer
Jennifer Hurley McGay

Partner
Lewis Johs Avallone Aviles

Ms. McGay litigates a wide range of complex matters in both state and federal trial and appellate courts, including...  |  Read More

Watts, John
John G. Watts

Founder
Watts & Herring

Mr. Watts has represented consumers in individual class action cases in state and federal courts and has litigated TCPA...  |  Read More

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