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Rule 30(b)(6) depositions can significantly shape the direction of your case and settlement prospects. So, when you receive a 30(b)(6) deposition notice, you need to be sure you properly select and prepare your representative witnesses for the ordeal they’re about to face. In this issue of Litigation Insights, we offer helpful tools you can use to maintain control of the process and ensure your witnesses are ready for the challenges that await them. | |||||
THE ART AND SCIENCE OF WINNING YOUR CASE Proven Strategies For Handling Difficult Deposition Questions “That’s [Not] Privileged”: A Corporation’s Duty to Prepare a 30(b)(6) Witness Includes Sharing Knowledge of Legal Counsel Facts are facts, whether known by a company’s employees or its outside counsel. Many companies (and their counsel) believe that facts learned by a company’s counsel are privileged and fall outside the purview of a Rule 30(b)(6) deposition. In reality, if a deposition notice identifies topics that encompass facts a company’s counsel uniquely learned from her own investigation, counsel has an affirmative duty to ensure that company witnesses are prepared to relay those facts in their Rule 30(b)(6) depositions. Accomplishing this while avoiding inadvertent disclosures of counsel’s mental impressions, opinions, and strategy requires careful planning. More > Be Thoughtful In Your Rule 30(b)(6) Deposition Preparation to Avoid The Threat of Sanctions Presenting an inadequately prepared witness for a Rule 30(b)(6) deposition can have significant adverse consequences for a company, from monetary sanctions to adverse evidentiary findings. An essential step to avoid these pitfalls is to carefully evaluate the Rule 30(b)(6) notice and properly object in advance to any overbroad or unreasonable topics. More > The Apex Doctrine: Protect Your Corporate Executives From Harassment Parties sometimes notice depositions of their adversaries’ key executives or “apex” officials less to discover admissible evidence and more to harass the company and exert settlement pressure. Such tactics are common enough that many courts have adopted the Apex Doctrine to protect executives from such unnecessary depositions. Counsel for an executive in these situations should be prepared to challenge the necessity of the deposition, and to force the deposing party to pursue alternative means of discovery to avoid undue hardship on the company and its executive. More > Practical Considerations in Identifying and Preparing Your Rule 30(b)(6) Witnesses Given the importance of Rule 30(b)(6) depositions, identifying the “right” witnesses to testify on a company’s behalf is critical. Although employees with personal knowledge of the noticed subject areas may seem like the best choice, witnesses do not require first-hand knowledge of those areas. Careful thought should be given to who will present well and commit the time and attention necessary to ensure the company’s interests are best represented in the deposition. More > | |||||
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AGG LITIGATORS IN THE TRENCHES The Heritage Bank – Swift and Aggressive Discovery Strategy Secures Advantageous Settlement Trustee Neil Gordon – Invoking Crime-Fraud Exception to Privilege Prompts Quick Settlement | |||||
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It's Time to Get Comfortable With Deduplication Attorneys who have mastered the e-discovery process know that deduplication of ESI is critical to prevent wasted time (and attorneys’ fees) spent reviewing multiple copies of a document. And, if done correctly, any anxiety about “missing” a relevant document can be addressed by following an industry-standard deduplication process that relies on a document’s “electronic fingerprint." More > To Save Money Later, Take Steps Now to Prepare for E-Discovery A proven way to contain e-discovery costs is to prepare your organization for e-discovery before the threat of litigation ever arises. By proactively implementing a record retention policy, creating data maps, preparing a legal hold plan, and taking other important steps, your organization can avoid much of the e-discovery anxiety and inefficiency that often plagues complex litigation. More > | |||||
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