Playing Defense at 30(b)(6) Depositions (2024 Edition)

Jason Balich
Jason Balich
Wolf, Greenfield & Sacks, P.C.

Jason Balich is a trial and appellate lawyer who protects clients’ technology and defends their freedom to use it. Jason’s experience includes successfully defending multiple patent owners—from manufacturers to public universities—facing inter partes review challenges at the Patent Trial and Appeal Board (PTAB) where the PTAB denied institution. He also focuses his practice on trade secrets.

Marie McKiernan
Marie McKiernan
Wolf, Greenfield & Sacks, P.C.

Marie McKiernan is a trial attorney who focuses her practice on patent, trademark, and trade secret litigation in district court and the United States International Trade Commission. Marie’s experience includes successfully presenting a lead technical expert in a trade secret litigation, ultimately resulting in a jury verdict mitigating claimed damages in the hundreds of millions down to a one-dollar award.

On-Demand: May 15, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - Tackling Voluminous Deposition Notices

Have you ever been served with a Rule 30(b)(6) deposition notice that just seems impossibly long? Rule 30(b)(6) doesn’t limit the number of topics that may be included, and many an attorney has drafted such notices with too many or overbroad topics. In the first hour of this CLE, we will go over strategies to get opposing counsel to limit the number and scope of the deposition topics in a voluminous Rule 30(b)(6) deposition notice.

Key topics to be discussed:

  • Responding to a Voluminous Rule 30(b)(6) Deposition Notice
  • Drafting a Rule 30(b)(6) Deposition Notice

Session II - Preparing a Corporate Representative for a 30(B)(6) Deposition

Once you pare down the scope of the notice, there exists an affirmative requirement under Rule 30(b)(6) that the company prepare one or more corporate representatives to testify regarding the topics noticed. But preparation takes valuable time and money. In the second hour, we will discuss how much preparation meets the requirement generally and will highlight a few real- world examples to answer common questions about how much preparation is enough.

Key topics to be discussed:

  • The amount of preparation that satisfies Rule 30(b)(6)’s requirements generally
  • Addressing topics seeking information that the company does not possess
  • Lightening the load on designated corporate representatives
  • Effective remote preparation

Closed-captioning available

Speakers

Jason Balich_Wolf, Greenfield & Sacks, P.C._myLawCLEJason Balich | Wolf, Greenfield & Sacks, P.C.

Jason Balich is a trial and appellate lawyer who protects clients’ technology and defends their freedom to use it. Jason’s experience includes successfully defending multiple patent owners—from manufacturers to public universities—facing inter partes review challenges at the Patent Trial and Appeal Board (PTAB) where the PTAB denied institution. He also focuses his practice on trade secrets. For instance, he has represented a plaintiff seeking to protect its trade secrets and a patent owner looking to stop a competitor’s infringement.

In addition, Jason regularly represents defendants in patent and commercial litigation, including Hatch-Waxman ANDA litigation, before district courts and at the International Trade Commission. Jason’s counseling and litigation experience spans a diverse set of industries including pharmaceuticals, biotechnology, medical devices, data storage media, electro-hydraulic devices, military equipment, and consumer electronics. Jason studied engineering at Princeton and is the co-inventor of four US patents as a product development engineer for 3M.

 

Marie McKiernan_myLawCLEMarie McKiernan | Wolf, Greenfield & Sacks, P.C.

Marie McKiernan is a trial attorney who focuses her practice on patent, trademark, and trade secret litigation in district court and the United States International Trade Commission. Marie’s experience includes successfully presenting a lead technical expert in a trade secret litigation, ultimately resulting in a jury verdict mitigating claimed damages in the hundreds of millions down to a one-dollar award. Marie also was recently an integral member of a successful trial team in a high-profile trademark dispute responsible for the preparation of cross examination of the opposing party’s corporate witnesses and damages expert. Ultimately, the jury found the client not liable on all counts

Prior to pursuing a career in law, Marie worked in clinical research at a university, focusing on microbiological and molecular genetic-based consumer health care products research for industry partners. Marie studied biological sciences at Cornell University and earned a JD-MPH dual degree from Northeastern University School of Law and Tufts University School of Medicine.

Agenda

Session I – Tackling Voluminous Deposition Notices | 2:00pm – 3:00pm

  • Responding to a Voluminous Rule 30(b)(6) Deposition Notice | 2:00pm – 2:30pm
    • Triage the Notice
    • Meet and Confer
    • File for a Protective Order
  • Drafting a Rule 30(b)(6) Deposition Notice | 2:30pm – 3:00pm
    • Drafting Topics That Are Reasonably Particular and Specific
    • Keeping the Number and Scope of Topics Proportional to the Needs of the Case

Break | 3:00pm – 3:10pm

Session II – Preparing a Corporate Representative for a 30(B)(6) Deposition | 3:10pm – 4:10pm

  • The amount of preparation that satisfies Rule 30(b)(6)’s requirements generally | 3:10pm – 3:25pm
  • Addressing topics seeking information that the company does not possess | 3:25pm – 2:40pm
  • Lightening the load on designated corporate representatives | 3:40pm – 3:55pm
  • Effective remote preparation | 3:55pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Certification Credits Approved:
2.5 Business Litigation

To request these credits, attorneys must contact us to issue a manual certificate.
Phone: (877) 406-8636
Email: registration@mylawcle.com
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Approved for Self-Study Credits
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Approved for Self-Study Credits
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Approved for Self-Study Credits
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Approved for Self-Study Credits
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Approved for CLE Credits
2 General

South Carolina

Approved for Self-Study Credits
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law and Legal

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Approved for Self-Study Credits
2 General

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