Defending the Reptile Deposition: Witness Preparation and Motion Practice Against Safety-Rule Tactics

Todd G. Lezon, Partner | Walsworth LLP

Todd G. Lezon is a partner at Walsworth LLP who concentrates his work in transportation and general liability defense. A seasoned trial attorney, he handles every phase of civil litigation, from case strategy development and discovery planning through depositions, arbitrations, mediations, and trial. He has presented on defending against nuclear verdicts, including the programs “Defending Against Nuclear Verdicts: Strategies to Counter Reptile Theory, Litigation Funding, and Juror Bias” and “Penalties, Damages, and Nuclear Verdicts: Containing Exposure and Capping Risk.”

• Education & Credentials

Todd earned an LL.M. from the University of San Diego School of Law, a J.D. from California Western School of Law, and a B.A. from the University of California, San Diego. He is admitted to practice in California, before the U.S. District Courts for the Central, Eastern, and Southern Districts of California, the United States Tax Court, and the U.S. Court of Appeals for Veterans Claims.

• Recognition & Leadership

Todd is a frequent presenter on containing verdict exposure, with speaking engagements that include “Defending Against Nuclear Verdicts: Strategies to Counter Reptile Theory, Litigation Funding, and Juror Bias” and “Penalties, Damages, and Nuclear Verdicts: Containing Exposure and Capping Risk,” and he authored the firm insight “Nuclear Verdicts: Causes and Countermeasures.” His article “The Wrong Lawsuit at the Wrong Time: The Limits of Wrongful Death in California” appeared in USLAW Magazine in Spring 2021. Before law school, he deployed twice to Operation Iraqi Freedom as a soldier in the United States Army, receiving two Army Commendation Medals, the Foreign Service Medal, the Iraq War Campaign Medal, and the Global War on Terrorism Expeditionary Force Medal.

• Professional Involvement

Todd is a member of the Transportation Lawyers Association, the Trucking Industry Defense Association, the Defense Research Institute, and the Association of Southern California Defense Counsel.

• Experience

Todd defends commercial drivers, motor carriers, and freight forwarding brokers in catastrophic injury and wrongful death cases in state and federal court. He has represented Fortune 500 companies in a wide variety of truck accident cases, and many of his motor carrier clients are foreign companies running cross-border freight operations between the United States and Mexico. His results include summary judgment under the Federal Aviation Administration Authorization Act for a freight broker in a high-exposure permanent injury case, a defense judgment after a contested bench trial in a habitability and housing discrimination matter involving statutory attorney’s fee and punitive damages claims, and dismissals of 13 plaintiffs in a multi-plaintiff habitability case following terminating sanctions. Taking an aggressive approach, he pushes extensive discovery early so claims can be evaluated and resolved sooner, and he keeps clients apprised of risk with updates that incorporate recently reported jury verdicts in similar cases, an approach with a proven record of predicting resolution ranges. He also brings deep experience defending property owners and professional management companies in high-exposure habitability litigation, including suits brought by more than three dozen plaintiffs.

Suzanna R. Harman, Senior Counsel | Walsworth LLP

Suzanna R. Harman is Senior Counsel at Walsworth LLP, where her practice centers on law and motion work for general liability and casualty matters, including bad faith and fraud claims. Drawn to the challenge of motion practice, she treats each case as an opportunity to untangle complex legal questions and turn intricate issues into clear, practical strategies that move matters toward resolution.

• Education & Credentials

Suzanna earned a J.D. from Chapman University School of Law and a B.S. from Indiana University Northwest. She is admitted to practice in California and before the U.S. District Court for the Central District of California.

• Recognition & Leadership

Suzanna has been named to the Super Lawyers Southern California Rising Stars list for eight years.

• Professional Involvement

Outside her practice, Suzanna fosters animals and takes part in animal and human rights advocacy, reflecting her commitment to standing up for those who need a voice.

• Experience

Suzanna’s work is anchored in law and motion for general liability and casualty litigation, including bad faith and fraud claims. Her experience spans administrative law, employment and labor law, personal injury, contract negotiations, bad faith, premises liability, and products liability. Having represented clients on both the plaintiff and defense sides, she approaches each matter with a balanced and informed perspective. She pairs analytical precision with genuine compassion for the people she represents, and clients value her thoughtful communication and her ability to make complex issues understandable at every step. Her interest in conflict resolution began when she was selected to serve as a playground mediator in elementary school, an early experience that shaped her steady, empathetic approach to guiding clients through challenging legal matters.

SESSION 1 – Recognizing Reptile and Edge Tactics and Preparing the Defense Witness | 2:30pm – 3:30pm

This session equips defense attorneys to identify and counter Reptile Theory and its successor, the Keenan Trial Institute’s ‘Edge’ strategy, as deployed during depositions. Attendees will learn to recognize the three-stage Setup–Linking–Fault questioning funnel, train witnesses to avoid absolute-agreement traps, and execute a three-component psychological preparation protocol before the deposition begins. Attorneys leave with specific scripted witness responses, real-time in-deposition intervention techniques, and a framework for scouting opposing counsel for Edge training before any witness sits down.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Motion Practice and Trial Strategy Against Safety-Rule Questioning | 3:40pm – 4:40pm

This session teaches defense attorneys how to identify, challenge, and contain Reptile-style safety-rule questioning through targeted pre-trial motion practice, disciplined trial objections, and record-preservation strategy. Attorneys will examine the evidentiary foundations for motions in limine under FRE 401, 402, 403, and 702, analyze the Griffin/Tijerina split to understand why specificity determines motion outcomes, and learn how the McCarthy appeal illustrates the consequences of incomplete record preservation. Attendees leave with a replicable framework for drafting anti-Reptile motions, surviving partial denials, and building an appellate record that can overturn nuclear verdicts.