Depositions are a mainstay of modern discovery. For corporate litigants, the affirmative duties that Federal Rule of Civil Procedure 30(b)(6) imposes often require significant investment to prepare corporate representatives. In class actions, those burdens can multiply quickly.
But Rule 30 also offers corporations a safeguard: protection against serial depositions. This blog post addresses that protection.
Spotting Serial Depositions in Class Actions
In a typical case, parties issue 30(b)(6) deposition notices with a list of topics for examination. The parties meet and ...
In order to meet the requirements of due process, a class representative must be “adequate” and able to represent the class of individuals that may be bound by the judgment rendered in a class action. And class counsel, in turn, must not suffer from conflicts and must demonstrate that he or she is capable of adequately representing the class. Because fee agreements are not typically subject to the attorney-client privilege, does that mean that defendants – in a class action – can obtain in discovery a copy of the fee agreement between the putative class representative and class ...
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