Taking and Defending Depositions of In-House Counsel: Strategic, Substantive and Ethical Considerations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will enlighten in-house counsel and their trial lawyers to issues that can potentially damage the corporation when in-house counsel is noticed or subpoenaed for a deposition. The panel will explore motions to quash or limit such examinations, permissible lines of inquiry during these depositions, issues related to preparing the witness, and pursuing privilege objections.
- Application of Federal Rules of Civil Procedure to depositions of in-house counsel
- Key court decisions impacting depositions of in-house counsel
- Responding to deposition notices and subpoenas
- Protecting privileged information
- Ethical components of testifying
The panel will review these and other key issues:
- What guidance do the Federal Rules of Civil Procedure and relevant case law provide on the deposition of in-house counsel?
- How can in-house counsel prepare for a deposition sure to raise privilege, including the ethics of preparing to address those very issues?
- How can in-house counsel best distinguish between business advice and legal advice when responding to questions during depositions? To what extent can non-attorney-client privileged, but still confidential, business advice be protected?
- Well in advance of “deposition day,” what useful tactics can aid in-house counsel in responding to deposition notices or subpoenas, particularly if the deposition notice accompanies a Rule 45 subpoena before any lawsuit is filed against the in-house counsel’s client (and therefore any external lawyer is engaged to defend a case)?
Kevin C. Baltz
Mr. Baltz has extensive experience counseling clients through complex civil litigation in state and federal courts. He... | Read More
Mr. Baltz has extensive experience counseling clients through complex civil litigation in state and federal courts. He routinely handles contract disputes, real estate litigation, disputed dissolutions, business torts and appellate work. Mr. Baltz also regularly serves as counsel in arbitration proceedings before the American Arbitration Association (AAA) and the Financial Industry Regulatory Authority (FINRA).Close
For more than 30 years, Mr. Hanthorn has successfully tried disputes ranging from multimonth jury and bench trials to... | Read More
For more than 30 years, Mr. Hanthorn has successfully tried disputes ranging from multimonth jury and bench trials to "no discovery" arbitrations. He has extensive experience in the alphabet soup of consumer class actions (including TCPA, FDCPA, RICO, ERISA, FCRA, and hybrid TILA/usury cases) and in major individual product liability, federal Fair Credit Reporting Act, and leveraged buyout fraud litigation.Close
Robert A. (Bob) Watts
Mr. Watts focuses his practice on complex commercial litigation in state and federal courts. His practice also includes... | Read More
Mr. Watts focuses his practice on complex commercial litigation in state and federal courts. His practice also includes shareholder and securities litigation following mergers or acquisitions, governmental investigations, and internal corporate investigations involving fraud. Mr. Watts has experience with all stages of litigation including factual investigation, drafting and responding to discovery, expert discovery, depositions, motion practice, and trial.Close