Deposing Plaintiffs and Fact Witnesses in Employment Litigation

Bart Jordan | Gibson, Dunn & Crutcher

Bart Jordan is a litigation associate in the Orange County office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department, where he is a member of the Labor and Employment and the White-Collar Defense and Investigations practice groups.

In his labor and employment practice, Mr. Jordan represents companies in wage and hour, harassment, and discrimination matters which range from large class actions to individual arbitrations. In his white-collar practice, he represents corporations, audit committees, and individuals in internal and white collar criminal investigations and before government agencies in matters involving securities violations, whistleblower claims, and the Foreign Corrupt Practices Act.

Representative matters include:

• Representing a Fortune 100 company in multiple wage and hour class actions
• Negotiated a favorable settlement with the Securities and Exchange Commission for an insurance company related to allegedly deficient disclosure controls
• Represented a global manufacturing company in an accounting fraud and subsequent Securities and Exchange Commission investigation
• Represented a financial technology company in an investigation by the Department of Justice and United States Attorney’s Office for alleged violations of anti-money laundering laws and regulations, including the Bank Secrecy Act
• Represented a global telecommunications company in an Egypt-based anti-corruption investigation
• Defeated a motion by several plaintiffs to opt-out of a class settlement, reducing the client’s potential liability by $6–9 million

Mr. Jordan earned his law degree cum laude from the Georgetown University Law Center in 2019, where he served as a senior editor of the ABA-published The Tax Lawyer. While attending law school, Mr. Jordan worked full time as a senior analyst on a federal interagency anti-money laundering and counterterrorist financing (AML/CFT) task force. He holds a Bachelor of Arts in Liberal Studies from Excelsior College.

Prior to attending law school, Mr. Jordan provided consulting services to a number of U.S. government agencies in the Washington, D.C. area and throughout the Middle East as a member of the Intelligence Community. Mr. Jordan, a United States Marine Corps veteran, also served two tours in Iraq as an Arabic Cryptologic Linguist and Signals Intelligence Team Leader. Mr. Jordan maintains a professional fluency in Arabic, which he frequently uses in his work.

Mr. Jordan is a member of the bar of the State of California and is admitted to practice before the United States District Courts for the Central and Northern Districts of California, the United States Court of Appeals for the Ninth Circuit, and the Court of Appeal for Veterans Claims.

I. Deposition planning, including a brief overview of the key federal rules related to depositions; the principal purposes of a deposition; timing and order considerations; pre-deposition checklists; and general guidelines and considerations | 3:00pm – 3:15pm

II. Taking and defending depositions, including how to question deponents, deal with objections, and use exhibits, as well as special considerations for virtual depositions | 3:15pm – 3:30pm

III. Post-deposition strategies, including how to integrate information gathered during depositions into the larger discovery plan | 3:30pm – 3:45pm

IV. Using depositions to pursue settlement, at summary judgment, and at trial | 3:45pm – 4:00pm