When your company or your client is served with a deposition notice under Federal Rule 30(b)(6) there exists an affirmative requirement that the company prepares one or more corporate representatives to testify regarding the topics noticed. But preparation takes valuable time and money. The first hour of this 2-hour CLE 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 under the rules.
With the global COVID-19 pandemic, remote depositions for depositions have become the new normal. The second hour will discuss unique challenges in defending remote depositions from possibly not being physically present with your witness to the technological difficulties of reviewing electronically presented documents. The second hour will also discuss strategies that you can use to turn those disadvantages into your advantage.
Key topics to be discussed:
Rule 30(b)(6) Preparation Requirements.
How much preparation satisfies Rule 30(b)(6)’s requirements generally
How to address topics seeking information that the company does not possess
Strategies for lightening the load on designated corporate representatives
Strategies for effective remote preparation
Defending Remote Depositions.
Making your witness comfortable -- pros and cons of physically being present
Particular issues that can arise in connection with remote 30(b)(6) depositions
Tips and tricks of using several remote deposition platforms to your advantage
Handling electronic (vs. paper) exhibits
What to do (and not to do) on breaks
Date / Time: January 27, 2022
Jason Balich | Wolf Greenfield’s
Jason Balich is an associate in Wolf Greenfield’s Litigation practice group. He counsels the firm’s clients and represents them in patent, trade secret and commercial litigation matters before district courts around the country, the International Trade Commission, and the Patent Trial and Appeal Board (PTAB) in post-grant matters such as inter partes reviews. Jason’s counseling and litigation experience spans a diverse set of subject matters including pharmaceuticals, biotechnology, biosimilars, medical devices, data storage media, electro-hydraulic devices, and consumer electronics.
Alexandra Kim | Wolf Greenfield’s
Alex Kim is an associate in Wolf Greenfield’s Litigation practice group. She utilizes her legal and scientific background when working with clients to achieve their goals.
Alex’s legal experience includes writing patent validity and noninfringement opinions, preparing witnesses during trial, drafting memorandums, and researching complex legal issues. Her scientific background includes undergraduate and graduate education in biology.
Charles Steenburg | Wolf Greenfield’s
Charlie Steenburg is an Executive Committee member and shareholder in Wolf Greenfield’s Litigation practice group. He works with clients in patent litigation, trade secret cases and other contested matters. He has extensive experience representing clients in district court and at the International Trade Commission, where he played a key role throughout the litigation process and in securing recent successes for clients such as Sony Corporation, Smith & Nephew Inc., and BTG plc. He has also worked on numerous reexamination and inter partes review requests while coordinating related litigations and ensuring that the post grant strategy complements the litigation strategy.
1. How much preparation satisfies Rule 30(b)(6)’s requirements generally
2. How to address topics seeking information that the company does not possess
3. Strategies for lightening the load on designated corporate representatives
4. Strategies for effective remote preparation
Break | 2:00pm – 2:10pm
Defending Remote Depositions | 2:10pm – 3:10pm
1. Making your witness comfortable — pros and cons of physically being present
2. Particular issues that can arise in connection with remote 30(b)(6) depositions
3. Tips and tricks of using several remote deposition platforms to your advantage
4. Handling electronic (vs. paper) exhibits
5. What to do (and not to do) on breaks