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Silence! Article Discusses Prohibition of (Privilege) Objections at Nonparty...
In February 2010, a New York appellate court issued an alarming ruling that “counsel for a nonparty witness does not have a right to object during or otherwise participate in a pretrial deposition.”...
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Tips for Protecting Attorney-Witness Conferences During Deposition Breaks
It is a deposition question that too often surprises lawyers and corporate-witness deponents. Upon return from a water or lunch recess, the deposing lawyer asks the witness: “So, tell me what you and...
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Tips for Preventing or Limiting In-House Counsel Depositions
Deposing in-house lawyers was once considered taboo, but has now become a litigation trend. And these depositions are not limited to an in-house corporate lawyer in business litigation over a deal...
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Selection and Preparation of Corporate Representatives for 30(b)(6) Depositions
In-house and outside counsel should never underestimate the importance of selecting and preparing the appropriate representative(s) for a Federal Rule 30(b)(6) (or state-law equivalent) deposition....
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Court Permits In-House Lawyer Deposition—But With Instructions to Preserve...
Lawyers are increasingly seeking depositions of companies’ in-house lawyers, and this phenomenon likely corresponds with in-house counsel increasingly assuming business-related roles or tasks within...
View Article612 Waiver: In-House Lawyer Must Produce Privileged Memo Reviewed Prior to...
Risky and uncertain privilege and work-product concerns arise when a company designates an in-house attorney to serve as a FRCP 30(b)(6) deposition witness. A decision from the ND ILL illustrates the...
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