Commercial Litigation Update

After receiving a litigation hold notice many months ago (which we covered here), you’ve finally stopped panicking about your employer’s lawsuit. That is until you’re told that you’ve been designated as a “corporate representative” to testify at a deposition on behalf of your employer. Your dread sinks in yet again. What does this mean? What do you need to do? Here are the basics on corporate designee depositions, and some simple tips on how to handle a corporate representative deposition designation, including recent guidance from the Eleventh Circuit Court of ...

It’s a situation anyone would dread—you just learned that you must give a deposition for your employer. Perhaps you received a subpoena, or maybe your employers’ in-house or outside counsel shared the bad news. You are nervous and overwhelmed, having never been deposed before. Here are a few simple tips on how to address this daunting situation.

As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises as to which, if any, practices initially born out of necessity, but no longer so, should continue to be utilized. One such device previously employed sparingly, but which became de rigueur during COVID, is the virtual deposition. In some but not all circumstances, virtual depositions can remain an effective tool for litigators.

The critical considerations in determining whether to continue using this mechanism will hinge on the purpose of the deposition and the stature of the ...