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Law360 recently published an expert analysis article authored by Hollingsworth LLP partner Joseph F. Altieri that explains how in-house counsel can prepare corporate representatives for depositions, especially as nuclear verdicts ($10 million and above) and thermo-nuclear verdicts ($100 million and above) are on the rise. As plaintiffs increasingly focus on issues of corporate conduct as a key theme in their cases and ask juries to award large verdicts to punish company defendants for alleged bad conduct, it is more important than ever to adequately prepare corporate witnesses for their trial testimony.

According to a February survey of 1,000 U.S. executives by insurer Sentry, “72% of leaders view increase in litigation and multimillion-dollar verdicts against companies as a problem in their industry. And 24% — including 34% at companies with $50 million or more in annual revenue — characterize it as a ‘massive’ problem.” A well-prepared company witness can appropriately and effectively address allegations of improper corporate conduct, present affirmative evidence, and rebut the opposition’s arguments and interpretation of the facts.

The article focuses on Rule 30(b)(6) of the Federal Rules of Civil Procedure, which governs the deposition of the company itself, and offers a four-point strategy for in-house counsel:

1. Be ready before you receive the deposition notice.
2. Choose your witnesses wisely.
3. Object to the use of “most knowledgeable person” and limit the scope of the deposition early.
4. Conduct internal coordination and prioritize the witness.

By selecting an appropriate witness, ensuring the witness has the support needed from the company, and being an active partner with outside counsel to ensure the selected witness is well prepared, in-house counsel can play a key role in helping to control the risk of nuclear verdicts.

Law360 subscribers may access the full story online.