Defending Rule 30(b)(6) Corporate Depositions in Employment Litigation Best Practices for Responding to a Deposition Notice, Selecting and Preparing Witnesses Today’s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. WEDNESDAY, MAY 27, 2015 Presenting a live 90-minute webinar with interactive Q&A Brian M. Brown, Shareholder, Thorndal Armstrong Delk Balkenbush & Eisinger, Reno, Nev. Allegra J. Lawrence-Hardy, Partner, Sutherland Asbill & Brennan, Atlanta, Ga.
26
Embed
Defending Rule 30(b)(6) Corporate Depositions in Employment …media.straffordpub.com/products/defending-rule-30-b-6... · 2015. 5. 27. · Selecting the 30(b)(6) Witness(es) •
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Defending Rule 30(b)(6) Corporate
Depositions in Employment Litigation Best Practices for Responding to a Deposition Notice, Selecting and Preparing Witnesses
Introduction Litigants may discover information from a
corporation by serving a notice which requires the corporation to designate a person or persons to testify in a deposition on specifically enumerated topics.
FRCP 30(b)(6)
5
“A party may . . . name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested . . . . [T]he organization so named shall designate on or more officers, directors, or managing agents or other persons who consent to testify on its behalf, and may set forth, each person designated, the matters on which the person will testify. The person so designated shall testify as to matters known are reasonably available to the organization . . . .”
6
The Comments to FRCP 30(b)(6) State Three Reasons in Support of the Rule.
• Assist parties in determining whether a particular employee of a corporation is a “managing agent.”
• Prevent “bandying.” • Limit the number of employees to be
deposed.
7
Initial Issues to Evaluate • Was the notice procedurally proper? • Does the notice satisfy the rule
requirements? • Was service proper? • Is adequate time provided to respond?
8
Items to Consider Designated topics Location of deposition Length of deposition Number of witnesses required to testify
based upon identified topics Privileged information. i.e., attorney-client
work product, trade secret, etc.
9
Evaluating the Decision to Serve Objections Identify all potential objections Identify any topics which the employer has no
information Serving Objections Check jurisdictional rules on requirement of
serving or filing objections FRCP 32(d)(1) requires service on parties Filing objections may not result in ruling
10
Procedural Defects If a defect exists is it real or technical? Cost of motion practice Goodwill with opposing counsel Is the Request Vague and Ambiguous? Are the designated topics very broad? A large number of documents is requested? Cost of gathering information Exceeds seven hours of deposition time per witness Solutions Meet and confer with opposing counsel Negotiate resolution of dispute Negotiate an amended notice Serve objections Move for protective order
11
Filing a Reciprocal 30(b)(6) Notice May Not Be Applicable in an Employment Law Context
• There are benefits to limiting the number of witnesses
who will address multiple topics in response to
30(b)(6) notice.
18
Educating the witness Preparing the 30(b)(6) witness Witness cheat sheets
19
A 30(b)(6) witness is testifying as to the employer’s knowledge on the identified subject areas
Witness must know the facts/policies that are the subject of the notice
Potential sanctions if witnesses produced do not have the requisite knowledge of the subject matter identified in the notice
20
Similarities Between Fact Witnesses and 30(b)(6) Witnesses
Review key documents Review witness statements Differences Review policies Review applicable legal standards/regulations The Witness Must Present as Prepared and
Knowledgeable
21
Cheat Sheets Keep in mind these notes are discoverable Detailed facts to refresh witness’s
recollection Assist witness with complex subject matter Assist witness with voluminous factual