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How to Defend Rule 30(b)(6) Product Liability Depositions Successfully
Federal Rule 30(b)(6) requires a corporation to designate a witness in response to a deposition notice that describes with “reasonable particularity” the topics upon which the witness will testify. More specifically, Rule 30(b)(6) provides:
In its notice or subpoena, a party may name as a deponent a public or private corporation, ' and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify ' The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.
Fed R Civ.P. 30(b)(6).
The Rule has three purposes: 1) to reduce the difficulty a deposing lawyer encounters in determining, before the deposition, who should be deposed; 2) to curb the practice of “bandying,” where an entity's officers or managing agents are deposed in turn, but each denies knowledge of facts that are clearly known to people in the organization; and 3) to assist entities that find an unnecessarily large number of their officers and agents being deposed by a party uncertain of who in the organization has the relevant knowledge. Id . at 30(b)(6) advisory commn. to 1970 amendments.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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