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Published on: July 18, 2022

Upcoming Webinar: Taking or Defending In-House Counsel Depositions

On July 26, Stan Gibson will participate in a Strafford webinar discussing considerations that need to be taken into account when in-house counsel is noticed or subpoenaed for a deposition. Program details and a registration link are below. We hope to see you there!

Taking or Defending Depositions of In-House Counsel: Strategic, Substantive, and Ethical Considerations

Date: Tuesday, July 26, 2022
Duration: 1 ½ hours
Time: 10am Pacific | 12pm Central | 1pm Eastern

It’s an in-house lawyer’s worst nightmare. In the middle of monitoring an active transactional and litigation docket, a deposition notice arrives, specifically naming the in-house lawyer. Now what?

Join Stan Gibson for a webinar exploring the issues that can potentially damage a corporation when in-house counsel is noticed or subpoenaed for a deposition. The program will include motions to quash or limit such examinations, permissible lines of inquiry during these depositions, issues related to preparing the witness, and pursuing privilege objections.

We will review these and other key issues:

What guidance do the Federal Rules of Civil Procedure and relevant case law provide on the deposition of in-house counsel?
How can in-house counsel prepare for a deposition sure to raise privilege, including the ethics of preparing to address those very issues?
How can in-house counsel best distinguish between business and legal advice when responding to questions during depositions? To what extent can non-attorney-client privileged, but still confidential, business advice be protected?
Well in advance of “deposition day,” what practical tactics can aid in-house counsel in responding to deposition notices or subpoenas, particularly if the deposition notice accompanies a Rule 45 subpoena before any lawsuit is filed against the in-house counsel’s client (and therefore, any external lawyer is engaged to defend a case)?

The webinar will include a live question and answer session, so your questions can be answered directly.

Register for the webinar here.

Stan Gibson

Stan Gibson, an experienced technology and IP trial lawyer, represents inventors, manufacturers, owners and others in litigation centering on complicated technology. Stan's practice is national in scope and he represents both plaintiffs and defendants and has litigated dozens of cases on behalf of his clients, taking many of them to trial. Although most cases settle, Stan's ability to take cases to trial enhances their value and drives favorable verdicts and settlements. Contact him at 310.201.3548 or SGibson@jmbm.com.

Greg Cordrey

Greg Cordrey, an experienced patent litigator and former flight test engineer, represents a wide range of industries including medical device, computer, e-commerce, semiconductor, automotive, aircraft, and consumer products. He has litigated patent cases nationwide and has practiced before the Federal Circuit and the U.S. Patent and Trademark office as a registered patent attorney with experience in concurrent litigation and patent reexamination proceedings. Greg is recognized as one of the "Best Lawyers in America" in IP Law, as well as a "Super Lawyer" and "Rising Star." Contact him at 949.623.7236 or GCordrey@jmbm.com.

Rod Berman

Rod Berman is recognized by the Daily Journal as one of the top 30 intellectual property attorneys in the State of California, and by the Los Angeles Business Journal as one of the top 100 attorneys in Los Angeles. Rod's practice focuses on patent, trademark, copyright, unfair competition and internet responsibilities and includes counseling, litigation, opinions, licensing and prosecution. In addition to being a registered patent attorney, Rod is a court-recognized expert in patent and trademark law, and has successfully argued before the Federal Circuit. Contact Rod at 310.201.3517 or RBerman@jmbm.com.

Andrew Shadoff

Andrew Shadoff, is a litigation partner and a member of JMBM's Patent Litigation Group. He is experienced in handling patent, copyright and trademark infringement cases. He has obtained wins for his clients at the pleading stage and on summary judgment, and has authored multiple successful briefs in appeals before California's Second District Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. Contact him at 310.712.6856 or AShadoff@jmbm.com.

Joe Mellema

Joe Mellema's practice focuses on litigation in federal and state courts, including the protection and enforcement of intellectual property rights, and business and commercial disputes. He has handled patent, trademark, copyright, trade secret, unfair business practices, antitrust, and business and commercial lawsuits in all phases of litigation and arbitration. In addition to a law degree, he has dual degrees in electrical engineering and physical sciences, and was formerly a systems engineer at Raytheon Company. Contact him at 949.623.7232 or at JMellema@jmbm.com.