May the Record Reflect

70. Getting Down to Business: Deposing the 30(b)(6) Witness, with Veronica Finkelstein


Listen Later

Rule 30(b)(6) depositions can be a game-changer in litigation—but only if you know how to use them strategically. In this episode, former Assistant U.S. Attorney and current Wilmington Law professor Veronica Finkelstein shares expert guidance on understanding the purpose and power of a 30(b)(6) deposition, identifying the right corporate representative, drafting precise specifications, and preparing your designee for examination. Whether you're deposing a Fortune 500 company or a little mom-and-pop shop, this episode will fine-tune your approach to corporate testimony.

Topics
4:23     What is a 30(b)(6) deposition?   
7:11     Why all trial lawyers should know about 30(b)(6) depositions
9:40     How deposing 30(b)(6) witnesses is different
14:27    Meet-and-confer requirement about specifications
17:44    Drafting specifications
20:20    Benefit of taking 30(b)(6) depositions
23:57    Qualities of a desirable corporate designee
25:54    Designees and fact witnesses
29:21    Corporate counsel and deposing counsel preparations
35:40    Who represents the designee?
40:05    Nonresponsive or jerk designees
43:24    Things to be mindful of during examination
45:39    When interrogatories are preferable
46:56    Cases to know: QBE and Marker
49:42    Deposition Skills: Philadelphia
51:53    Sign-off questions

Quote
“This is one of the few times in litigation when you get to pick your witness, so pick somebody good. Don’t pick somebody who’s the CEO of the company who doesn’t have time to get educated. Don’t pick somebody in HR who’s been following the policies wrong for the last 20 years and you’re never gonna unteach. Pick somebody who’s gonna be a really good mouthpiece on behalf of the company who you can educate properly.” Veronica Finkelstein

Resources
Veronica Finkelstein (bio)
J.C. Lore (bio)
Deposition Skills: Philadelphia (program)
NITA Women in Trial (program)
QBE Ins. Corp. v. Jorda Enters. Inc. (case)
Marker v. Union Fidelity Life Ins. Co. (case)
Law 360 article (PDF)

...more
View all episodesView all episodes
Download on the App Store

May the Record ReflectBy National Institute for Trial Advocacy

  • 4.4
  • 4.4
  • 4.4
  • 4.4
  • 4.4

4.4

17 ratings


More shows like May the Record Reflect

View all
This American Life by This American Life

This American Life

91,142 Listeners

Planet Money by NPR

Planet Money

30,649 Listeners

Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,765 Listeners

Wait Wait... Don't Tell Me! by NPR

Wait Wait... Don't Tell Me!

38,708 Listeners

Pod Save America by Crooked Media

Pod Save America

87,530 Listeners

The Daily by The New York Times

The Daily

112,617 Listeners

Pod Save the World by Crooked Media

Pod Save the World

24,672 Listeners

Up First from NPR by NPR

Up First from NPR

56,472 Listeners

Career Contessa by Career Contessa

Career Contessa

476 Listeners

Life Kit by NPR

Life Kit

4,495 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,776 Listeners

The Journal. by The Wall Street Journal & Spotify Studios

The Journal.

6,087 Listeners

SmartLess by Jason Bateman, Sean Hayes, Will Arnett

SmartLess

58,191 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,081 Listeners

The Economics of Everyday Things by Freakonomics Network & Zachary Crockett

The Economics of Everyday Things

1,673 Listeners