Selection and Preparation of the F.R.C.P. 30(b)(6) Witness

Course Preview

Price: $20.00

Credits: 1.00

Course Format: Video

Author: Albert Barsocchini, Esq.



 

Course Description


As technology continues to transform the way lawsuits are planned and executed, the role of the "30(b)(6) witness" has grown in importance. U.S. Federal Rule of Civil Procedure 30(b)(6) provides the means to obtain testimony about an organization's policies and procedures concerning electronically stored information (ESI), and a firm understanding of this rule is essential. Rule 30 (b)(6) allows a party to "name as the deponent a public or private" organization "and must describe with reasonable particularity the matters for examination." Throughout the course of this program, attorney Albert Barsocchini stresses the need for companies to have policies in place about which the 30 (b)(6) witness may be asked to testify in a deposition. He notes that this witness is, in fact, the “corporate voice,” and he provides guidance on how to select this person, including the option of using a vendor instead of someone from within the company and how to best prepare the witness. He advises on how to carefully scrutinize the Deposition Notice and how to limit its scope through a Protective Order or Motion to Quash. He notes the rising importance of Meet and Confer Conferences and discusses in depth how they can help to assess risks as well as gauge costs of e-discovery. Mr. Barsocchini also delivers valuable tips on basic trial techniques and strategies which can apply to other high stakes cases, such as witness preparation, deposition practice and communications with opposing counsel and judges. For lawyers involved in cases in which e-discovery may be an issue, on both plaintiff and defendant sides, this program identifies and explains the core issues on which success or failure may depend.


Categories


  • Litigation Strategy
  • Business Law
  • Employment Law


Course Objectives


  • Understand the Selection and Preparation of the F.R.C.P. 30(b)(6) Witness in Cases Involving Electronic Discovery


Author Bio


Albert Barsocchini, Esq.
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics. In 2004 he was Director of Professional Services at Guidance Software where he directed all computer investigations (criminal and civil); IP theft, internal Investigation; audit & compliance (FCPA, HIPAA, SAS70, PCI, FISMA and ISO 27000) and Cyber-Ssecurity. He was Assistant General Counsel at Guidance Software from 2005 – 2011. He practiced as a litigator for more than 10 years in complex litigation cases. In addition, he served as General Counsel at the Point Foundation (publisher of Whole Earth Catalog and creator of "The Well)". Albert served as Chair of the California State Bar's Law Practice Management & Technology Section in 2000. He is a founding member of the California State Bar Cyberspace Law Committee and currently serves as a special master for the State Bar of California in the search and seizure of legally privileged and confidential matters. Sample Public Speaking Engagements and Articles: (Please contact CCE for information on In-House MCLE Presentations) • Conducting e-discovery in patent litigation, California State Bar • International Data Privacy Issues, Ark • Privacy at Work, GSI Legal Journal • Featured Columnist for Inside TECH, Inside Counsel Magazine • Internal Investigation Best Practices, HTCIA and NWFIA • E-discovery in a Product Liability Case, Defense Research Institute • Preparing the 30B6 Expert Forensic Witness for Trial, HTCIA /Forbes • Conducting a SOX Investigation, HTCIA • Regulatory Compliance and Electronic Discovery, ISSA • Conducting a High Tech Computer Forensic Investigation, California District Attorneys Association • Email and Ethics, California State Bar • Compliance, Incident Response and the Technology that Drives It, Law Firm Inc. • The Duty to Preserve in a Large Corporate Environments, Wall Street Technology • The Ethics of Internal Investigations • Conducting an FCPA Investigation, HTCIA Specialties: Leading international expert on E-discovery (patent litigation), Internal Investigations, International and National Data Privacy, Audit and Compliance Albert may be contacted at barsocchini@gmail.com