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

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.Topics4:23     What is a 30(b)(6) deposition?   7:11     Why all trial lawyers should know about 30(b)(6) depositions9:40     How deposing 30(b)(6) witnesses is different14:27    Meet-and-confer requirement about specifications17:44    Drafting specifications20:20    Benefit of taking 30(b)(6) depositions23:57    Qualities of a desirable corporate designee25:54    Designees and fact witnesses29:21    Corporate counsel and deposing counsel preparations35:40    Who represents the designee?40:05    Nonresponsive or jerk designees43:24    Things to be mindful of during examination45:39    When interrogatories are preferable46:56    Cases to know: QBE and Marker49:42    Deposition Skills: Philadelphia51:53    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 FinkelsteinResourcesVeronica 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)