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FRCP 30(b)(6)

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Rumberger | Kirk

30(b)(6) Discovery in the Age of COVID-19

Rumberger | Kirk on

Defending corporate representative depositions in the new reality. If there is one lesson all trial lawyers have learned over the last year, it’s that life and the practice of law must go on, even in the face of upheavals...more

Snell & Wilmer

How Much Information Must a Shareholder Provide to a Corporation to Inspect Books and Records Under Section 220?

Snell & Wilmer on

The Supreme Court of Delaware recently affirmed a decision by the Court of Chancery that ordered a corporation to produce certain books and records to a shareholder, and which granted leave to the shareholder to take a...more

Morris James LLP

Superior Court CCLD Awards Sanctions For Unprepared Rule 30(b)(6) Deponent

Morris James LLP on

Fortis Advisors, LLC v. Dematic Corp., C.A. No. N18C-12-104 AML [CCLD] (Del. Super. Nov. 18, 2020) - As this decision illustrates, Delaware trial courts have a variety of sanction options available when it comes to...more

Haug Partners LLP

Meet and Confer Requirements Added for Rule 30(b)(6) Depositions

Haug Partners LLP on

Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter – December 2020 #2

Seyfarth Shaw LLP on

Oh Happy Day!  Stimulus Is Finally (Almost) Live. The House and Senate are scheduled to vote on a $900 billion pandemic relief package along with a $1.4 trillion measure to fund the government through September 30, 2021. ...more

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more

Faegre Drinker Biddle & Reath LLP

New Conferral Requirement for Rule 30(b)(6) Depositions Effective December 1

The last month of the year brought changes to Rule 30 of the Federal Rules of Civil Procedure, specifically Rule 30(b)(6), governing deposition notices to organizations. The rule was amended, effective December 1, 2020. ...more

Harris Beach PLLC

Recent Amendment to Federal Rule of Civil Procedure 30(b)(6) Introduces Meet-and-Confer Obligation in Advance of Corporate...

Harris Beach PLLC on

An amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure (“FRCP”) that took effect on December 1, 2020 requires attorneys to meet-and-confer regarding the subject matters of an organization’s oral deposition....more

Fish & Richardson

District of Minnesota Does Not Require Deposed Entity to Identify Topics on Which Each 30(b)(6) Witness Will Testify

Fish & Richardson on

On June 23, 2020, Magistrate Judge Hildy Bowbeer denied plaintiffs’ motion to compel defendant to identify the topics on which each Rule 30(b)(6) witness would testify because the language used in Rule 30(b)(6) “reflects a...more

Troutman Pepper

Best Ways to Use Patent Venue Discovery After TC Heartland

Troutman Pepper on

Nearly three years after the U.S. Supreme Court’s decision in TC Heartland LLC v. Kraft Food Brands LLC,1 both parties and courts continue to grapple with what it means for a defendant to have a regular and established place...more

McGuireWoods LLP

A New Cost-Effective Approach To Class Action Discovery

McGuireWoods LLP on

Despite the ongoing COVID-19 pandemic, plaintiffs continue to file class actions, shouldering defendants with potentially massive discovery costs. With the economic slowdown associated with the pandemic, businesses face...more

Epiq

Your Favorite Five Epiq Angle Blogs

Epiq on

The Angle wishes all our readers a wonderful holiday and happy new year! We want to thank all of you for your continued support and suggestions. As 2020 approaches, we wanted to make the last post of 2019 a review of our...more

Esquire Deposition Solutions, LLC

Deposing Forensic Experts and Former Employees Regarding ESI - Part III

Trial counsel’s ability to make skilled use of electronically stored information is often outcome-determinative in modern litigation. ESI, however, can be difficult to locate within an opponent’s often sprawling computer...more

Esquire Deposition Solutions, LLC

Deposing the Custodians of Electronically Stored Information (ESI) - Part II

Electronically stored information, a critical category of evidence in nearly all non-trivial legal disputes, is usable only to the extent that it can be located, authenticated, and described with foundational evidence that...more

Esquire Deposition Solutions, LLC

The Five Types of Depositions That Flow from Obtaining ESI and E-Discovery - Part I

Litigation counsel today routinely engage with large quantities of digital evidence, often with case outcomes turning on the advocate’s success at unearthing or preserving relevant electronically stored information (ESI). As...more

Pierce Atwood LLP

Corporate Deposition — Multiple Witnesses At the Same Time?

Pierce Atwood LLP on

A few years ago, I represented a process piping subcontractor in a claim against the general contractor and the owner of a coal fired power plant in Massachusetts. While the case was unique and interesting in a number of...more

Esquire Deposition Solutions, LLC

Common Mistakes in 30(b)(6) Witness Preparation

Under Federal Rule of Civil Procedure Rule 30(b)(6), a party may depose a public or private corporation, a partnership, an association, a governmental agency, or another entity. Of course, it is not actually possible to...more

Butler Snow LLP

Proposed Amendments to Rule 30(b)(6) May Create Problematic Consequences for Business Organizations

Butler Snow LLP on

Federal Rule of Civil Procedure 30(b)(6) is a critical part of litigation involving corporations and other business entities. Rule 30(b)(6) allows a litigant seeking information from an organization to serve a notice of...more

Baker Donelson

Civil Rules Committee Decides Companies Must Have Right to Choose 30(b)(6) Designees

Baker Donelson on

Last year, the Rule 30(b)(6) Subcommittee of the Civil Rules Advisory Committee began considering a proposed change to Federal Rules of Civil Procedure 30(b)(6). ...more

Morris James LLP

Case Spotlight: Terramar Retail Ctrs., LLC v. Marion #2-Seaport Tr. U/A/D June 21, 2002

Morris James LLP on

Case Spotlight: Terramar Retail Ctrs., LLC v. Marion #2-Seaport Tr. U/A/D June 21, 2002, 2018 WL 6331622 (Del. Ch. Dec. 4, 2018) (Laster, V.C.) - Defendant (the “Trust”) is an investment vehicle affiliated with non-party...more

Cozen O'Connor

Designation of Witnesses under Rule 30(b)(6) May Change

Cozen O'Connor on

In August of 2018, the Advisory Committee on Civil Rules proposed a number of amendments to certain appellate, bankruptcy, civil, and evidence rules applicable to litigation in U.S. federal courts. It is beyond the scope of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

US trade negotiations with China have stalled such that the anticipated meeting between the countries’ leaders is, according the White House, “highly unlikely” to occur before the March 1 deadline marking the end of a 90-day...more

Faegre Drinker Biddle & Reath LLP

Proposed Amendment to Rule 30(b)(6) Would Require Parties to Confer on Witness Selection Before Deposition

A proposed amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure raises the potential for problematic consequences that may lead to more discovery disputes, such as a new discovery obligation to discuss the...more

Womble Bond Dickinson

Complete Victory: Court Awards Hilton Grand Vacations (Most) of its Costs Following Hilton’s Successful Summary Judgment Motion in...

Womble Bond Dickinson on

We previously reported that Hilton had scored a big win when the Court granted its motion for summary judgment on the grounds that the “human intervention” test from the FCC’s predictive dialer rulings survived ACA Int’l, and...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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