Government Contracting

“Corporate designee” depositions can be one of the most potent discovery tools available to a party in a lawsuit. For corporate parties, for the same reasons, such depositions can be fraught with peril. Although there is ample authority suggesting that these depositions are unavoidable and inevitable in any litigation, corporate defense attorneys should not take such conclusions for granted.

Despite their utility, Rule 30(b)(6) depositions present a number of challenging issues. These issues include concerns as to whom and how many people to designate as the corporate representative(s), what steps must be taken to adequately prepare the witness(es), how to protect information subject to the attorney-client privilege and/or work product doctrine, and how to manage the significant costs to be incurred in preparing the witness(es).

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