Attorney Misconduct in Employment Depositions: Avoiding Rule 30(d)(2) Sanctions While Protecting Client Interests
Sanctionable Conduct, Types of Sanctions, Bringing and Defending Motions for Sanctions
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will examine FRCP Rule 30's standard for deposition conduct, specifically as it relates to attorney behavior during depositions in employment litigation. The panel will discuss sanctionable behavior under Rule 30(d)(2), providing examples and case law support demonstrating how the courts determine what behavior is sanctionable. The panel will address when parties should move for sanctions, discuss how to defend against motions for sanctions, and offer best practices for defending clients while avoiding deposition misconduct.
Outline
- Introduction
- Federal Rule 30(c)(2) and (d)(2)
- Sanctionable conduct
- Argumentative objections
- Suggestive objections
- Directing a deponent not to answer
- Exceptions
- Failing to intervene when a client engages in deposition misconduct
- Court analysis for determining whether to impose sanctions
- Types of sanctions
- When to move for sanctions
- Defending against sanctions motions
- Practitioner takeaways
Benefits
The panel will address these and other important considerations:
- How does Rule 30 govern attorney objections made during depositions?
- What is considered sanctionable conduct by attorneys when making objections or interacting with their clients during depositions?
- When should a party move for sanctions under Rule 30(d)(2)?
- How may a party defend against a motion for sanctions?
Faculty
James F. Bryton
Of Counsel
Littler Mendelson
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a... | Read More
Mr. Bryton focuses his practice as a labor and employment trial attorney. Utilizing his years of experience as a litigator, he provides training sessions regarding best practices for in-house and human resources professionals. Mr. Bryton also advises on issues including onboarding matters, leaves of absence and accommodations, performance management and discipline, discrimination, harassment, employment policy development and implementation, wage and hour issues, and worker classifications. Prior to joining the firm, Mr. Bryton litigated employment discrimination, sexual harassment, and hostile work environment claims as senior counsel in the Labor and Employment Division of the City of New York.
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Rebecca Ojserkis
Attorney
Cohen Milstein Sellers & Toll
Ms. Ojserkis is an Associate in Cohen Milstein’s Civil Rights & Employment Litigation practice, where... | Read More
Ms. Ojserkis is an Associate in Cohen Milstein’s Civil Rights & Employment Litigation practice, where she litigates civil rights and employment class and collective actions. Prior to working in private practice, Ms. Ojserkis litigated cases at the ACLU, where she worked with the Women’s Rights Project, Immigrants’ Rights Project, and National Prison Project. She also clerked for the Honorable Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit and the Honorable Sidney H. Stein of the U.S. District Court for the Southern District of New York.
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