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Deposition Bullies: Tips for Spotting Them and Stopping Them


Level: Intermediate
Runtime: 64 minutes
Recorded Date: August 07, 2018
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Agenda


  • What is bullying? 
  • Model Rule 1.3 - Diligence
  • Responding to Bullying when Taking a Deposition
  • Fed. Rule Civ. P. 30(c)(2)
  • Rule 3.4 - Fairness to Opposing Party & Counsel
  • Preparing for a Bully
  • Asking for Court Intervention
  • Responding to Bullying when Defending a Deposition
  • Model Rule 4.4 - Respect for Rights of Third Persons
  • Q & A
Runtime: 1 hour
Recorded: August 7, 2018

Description

Learn how to spot deposition bullies and how to stop them before they cause you or your client harm.

Whether you're taking or defending your first or your ninety-first deposition, antics from opposing counsel, co-counsel, and even witnesses can sometimes knock you off your game. Anticipating, recognizing, and deflecting common bullying tactics are vital skills for litigators responsible for developing a clean record and protecting their clients' interests during depositions. Join our panel of deposition warriors to hear their war stories and get practical guidance grounded in the ABA Model Rules of Professional Conduct regarding diligence (Rule 1.3), fairness (Rule. 3.4), communications with opposing counsel and third parties (Rules 4.1-4.4), and misconduct (Rules 8.3-8.4).

This program was recorded on August 7th, 2018.

Provided By

American Bar Association

Panelists

Ronnie Fuchs

Partner
Pepper Hamilton LLP

Ronni E. Fuchs is a partner in the Health Sciences Department of Pepper Hamilton LLP, resident in the Princeton office. Ms. Fuchs represents pharmaceutical and medical device companies, litigating in the personal injury/mass torts/consumer fraud area, providing scientific and expert support to government investigations and securities teams, and counseling on regulatory and compliance issues relating to clinical trials, transparency, and informed consent. She works extensively with scientific and regulatory experts.

Ms. Fuchs frequently concentrates on scientific issues arising in litigation, including those relating to clinical trials. She works extensively with in-house research and development personnel both to investigate factual allegations and to prepare witnesses for testimony. She has identified, worked with and deposed expert witnesses in myriad fields, including surgeons, cardiologists, neurologists, oncologists, biostatisticians, hematologists, pharmacologists and toxicologists. She has served as science counsel in multiple securities cases in which the allegations pertained to clinical trial results and/or adverse event reporting.

Ms. Fuchs provides counseling and diligence review for pharmaceutical, medical device and consumer product manufacturers. She counsels companies prior to product approval as well as in response to challenges, such as adverse event reports, results from clinical trials and regulatory actions, and reviews regulatory filings.

Ms. Fuchs has assisted clients in responding to Congressional inquiries relating to product safety.

Ms. Fuchs represented Merck in the New Jersey Vioxx litigation, including the successful New Jersey trial defense of Doherty v. Merck. She also served as coordinating counsel for New Jersey Vioxx discovery, involving numerous firms and simultaneous discovery proceedings in 250 cases, as well as lead defense liaison to the court on discovery and case management issues.

Ms. Fuchs served as special counsel for a leading marketer of ephedra-containing dietary supplements, defending claims of personal injury and preparing bellwether stroke cases for trial. She then successfully mediated 175 personal injury cases for the manufacturer-defendant, including the case brought by the estate of Baltimore Orioles pitcher Steve Bechler.

Before joining Pepper, Ms. Fuchs was a partner in the Princeton office of Dechert LLP.

Adrian K. Felix

Associate
Bilzin Sumberg

Adrian’s academic background in the fields of math and science influenced his methodical approach to problem solving. An Associate in the Firm’s Litigation Group, Adrian focuses his efforts on complex commercial litigation ranging across a diverse spectrum of industries from financial services and construction to hospitality. Further, he has significant experience litigating a variety of business disputes, including breach of contract, misrepresentation, deceptive and unfair trade practices for domestic and international clients.

Adrian also has significant experience in franchise law, encompassing all issues related to the multifaceted legal relationship between franchisors and franchisees. Many of these franchises include start-up companies within the technology and healthcare industries including medical device manufacturers.

Jane E. Fedder

Shareholder
Polsinelli

Jane Fedder serves as the firm’s Vice Chair of the Environmental practice group. Jane solves complex problems for her clients who are based all across the country. Jane has first chair trial and appellate experience involving claims arising from the generation, storage, discharge or release of hazardous substances to air, water and land.

Jane regularly represents clients before state and federal agencies including the United States Department of Justice and the Environmental Protection Agency. She has successfully pursued and defended against actions filed by governmental entities, property owners and potentially responsible parties. Jane has also had considerable success in recovering substantial awards, including attorney fees, from insurance companies for coverage of environmental claims. She is recognized for her advocacy, strategic thinking, and courtroom skills, particularly in cases involving multiple parties and millions of dollars in cleanup costs. She has successfully negotiated no-dollar and low-dollar settlements for clients facing potential multi-million dollar liability as well as favorable terms in administrative orders and consent decrees.

Jane has won precedent setting cases against the United States Department of Justice, including one in the 8th Circuit Court of Appeals which for the first time recognized the rights of non-settling potentially responsible parties to intervene and challenge entry of a proposed Consent Decree between the government and other PRPs. In another precedent setting case in the 7th Circuit Court of Appeals, the Court agreed with Jane's argument that business owners/officers could not be held personally liable under CERCLA absent their direct involvement in the disposal of hazardous waste. Jane also serves as a Disciplinary Hearing Officer for Missouri's attorney discipline program.


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