Corporate Representative Depositions: Strategies for Obtaining or Preventing Discovery of Document Compilations
Complex Interplay Between Federal Rule of Evidence 612 and Federal Rule of Civil Procedure 30(b)(6)
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss strategies, such as how to avoid or compel disclosure of documents a witness reviewed before testifying and the competing duties to protect privilege and prepare the witness. The program will review the complex interplay between Federal Rule of Civil Procedure 30(b)(6) and Federal Rule of Evidence 612. The panel will also address whether the use of AI in compiling documents makes a difference.
Outline
- Role of document review in deposition preparation
- Tension between cross-examination and review of document compilations
- Deposing counsel's perspective
- Deponent's perspective
- Court perspective
- Strategies for obtaining or preventing discovery of document compilations
Benefits
The panel will address these key issues:
- Strategies for meet and confer obligations.
- What is the difference between having recollection refreshed and having documents "affect and inform testimony"?
- Are compilations created by AI "work product"?
- Is the premise that opposing counsel can reverse-engineer strategy by seeing complied documents really valid?
- What questioning techniques may assist with discovery of compiled or reviewed documents?
Faculty
Sarah B. Biser
Partner, Co-Chair Construction Law and International Arbitration Groups
Fox Rothschild
Ms. Biser represents owners, contractors, developers, architects and engineers, both in the United States and abroad,... | Read More
Ms. Biser represents owners, contractors, developers, architects and engineers, both in the United States and abroad, in all stages of the construction process. She focuses her practice on large, capital-intensive construction projects, with a particular emphasis on drafting and negotiating contracts for complex and unique construction and infrastructure, as well as litigating disputes both in the courtroom and in domestic and international arbitration. Ms. Biser is a frequent lecturer on construction issues. She has served as an adjunct professor, teaching a course on high-growth corporate transactions, in Cornell Law School’s Technology Law LL.M. program.
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Craig R. Tractenberg
Partner
Fox Rothschild
Mr. Tractenberg is a skilled international litigator who handles complex business disputes involving intellectual... | Read More
Mr. Tractenberg is a skilled international litigator who handles complex business disputes involving intellectual property, licenses, business torts and insolvency issues. He regularly structures new franchise programs, many of which are international. Mr. Tractenberg also defends and enforces franchise agreements. He has also served as special counsel to franchise companies.
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