Commercial Litigation
Understanding Corporate Designee Depositions
By Niall McMillan and Anders Sleight
In this episode of The Litigator’s Lounge, Anders Sleight and Offit Kurman partner Niall McMillan explain how depositions work when the witness is a company, focusing on corporate designee depositions. They discuss how the noticing party must list specific topics. The company must produce one or more prepared representatives who have conducted a reasonable investigation. This is different from an individual’s deposition limited to personal knowledge. Niall covers how to draft and review topic notices, when and how to object to overly broad or privacy-invading topics, and the obligation to meet and confer to reach reasonable topics.
