Playing Defense at 30(b)(6) Depositions (2024 Edition)

Jason Balich | Wolf, Greenfield & Sacks, P.C.

Jason Balich is a trial and appellate lawyer who protects clients’ technology and defends their freedom to use it. Jason’s experience includes successfully defending multiple patent owners—from manufacturers to public universities—facing inter partes review challenges at the Patent Trial and Appeal Board (PTAB) where the PTAB denied institution. He also focuses his practice on trade secrets. For instance, he has represented a plaintiff seeking to protect its trade secrets and a patent owner looking to stop a competitor’s infringement.

In addition, Jason regularly represents defendants in patent and commercial litigation, including Hatch-Waxman ANDA litigation, before district courts and at the International Trade Commission. Jason’s counseling and litigation experience spans a diverse set of industries including pharmaceuticals, biotechnology, medical devices, data storage media, electro-hydraulic devices, military equipment, and consumer electronics. Jason studied engineering at Princeton and is the co-inventor of four US patents as a product development engineer for 3M.

Marie McKiernan | Wolf, Greenfield & Sacks, P.C.

Marie McKiernan is a trial attorney who focuses her practice on patent, trademark, and trade secret litigation in district court and the United States International Trade Commission. Marie’s experience includes successfully presenting a lead technical expert in a trade secret litigation, ultimately resulting in a jury verdict mitigating claimed damages in the hundreds of millions down to a one-dollar award. Marie also was recently an integral member of a successful trial team in a high-profile trademark dispute responsible for the preparation of cross examination of the opposing party’s corporate witnesses and damages expert. Ultimately, the jury found the client not liable on all counts

Prior to pursuing a career in law, Marie worked in clinical research at a university, focusing on microbiological and molecular genetic-based consumer health care products research for industry partners. Marie studied biological sciences at Cornell University and earned a JD-MPH dual degree from Northeastern University School of Law and Tufts University School of Medicine.

Session I – Tackling Voluminous Deposition Notices | 3:00pm – 4:00pm

• Responding to a Voluminous Rule 30(b)(6) Deposition Notice | 3:00pm – 3:30pm
  • Triage the Notice
  • Meet and Confer
  • File for a Protective Order
• Drafting a Rule 30(b)(6) Deposition Notice | 3:30pm – 4:00pm
  • Drafting Topics That Are Reasonably Particular and Specific
  • Keeping the Number and Scope of Topics Proportional to the Needs of the Case

Break | 4:00pm – 4:10pm

Session II – Preparing a Corporate Representative for a 30(B)(6) Deposition | 4:10pm – 5:10pm

• The amount of preparation that satisfies Rule 30(b)(6)’s requirements generally | 4:10pm – 4:25pm
• Addressing topics seeking information that the company does not possess | 4:25pm – 4:40pm
• Lightening the load on designated corporate representatives | 4:40pm – 4:55pm
• Effective remote preparation | 4:55pm – 5:10pm