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

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

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Conducted on Thursday, April 22, 2021

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Course Materials

This CLE course will prepare class action counsel to depose or defend corporate representatives under recently amended FRCP 30(b)(6). The webinar will discuss best practices for plaintiffs to meet the 30(b)(6) "meet and confer" requirements, 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 select and prepare witnesses for the deposition.

Description

Class action plaintiffs rely on Rule 30(b)(6) depositions 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 notice's adequacy, and now Rule 30 requires the parties to meet and confer about various aspects of the deposition. 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 case's success and potential 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 under 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 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 designationing witnesses
    8. Effects of amended Rule 30(b)(6)
  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
    6. Effects of amended Rule 30(b)(6)

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?
  • What is the best way to employ the "meet and confer" requirement?
  • How should counsel 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. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts,...  |  Read More

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