Our faculty will discuss the latest case law and current ethical issues regarding an organization's obligation to produce representatives to testify on its behalf. Must an organization produce its genuine, 'person most knowledgeable,' or may it designate someone else to testify on its behalf? Who may be designated under federal rules? Who should be designated? How should such a witness be prepared for a deposition? How do you defend such a deposition? Must representatives travel for such depositions? Our faculty will discuss practical applications of current legal rules and ethical issues in all of these matters.
Plaintiffs in coordinated or consolidated litigation, and defendants in complex litigation, often have both common and diverse interests. Plaintiffs often have common interests as to liability but diverse interests as to damages, and defendants often have common interests as to damages but diverse interests as to liability. Our faculty will discuss when and why you should aggressively question your, 'friends,' (i.e., parties or witnesses who are somewhat aligned with your client's interests) during depositions.
Our faculty will discuss the latest case law and current ethical issues regarding the selection, preparation, defense of and deposing expert witnesses. What do the most recent cases say about admissibility, and what is the current Kelly/Frye standard? How do you prepare your experts to meet the current admissibility standards under federal law? How do you prepare your experts on substantive issues? Where expert reports are required, what should you do to assist in writing those reports? Must your expert produce his entire file? Can you do anything to, 'edit,' your expert's report, or his file? How do you defend an expert during a deposition? Our faculty will discuss the current legal rules and ethical issues in all of these matters.
Last, our faculty will discuss depositions of class action representatives, from both the plaintiffs' and the defendant's perspectives. What should a plaintiff class representative be asked, and why? How do the recent amendments to FRCP 23 (eff. Dec. 1, 2003) affect the way a defendant should take such depositions? Our faculty will also discuss current legal rules and ethical issues in the selection, preparation and defense of class action representatives.
Agendas and Speakers may differ slightly depending on the location. Please
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a representative to obtain an agenda for a particular location.