Plaintiff's attorneys have been exploiting Rule 30(b)(6), but defense counsel can use it to their advantage as well, argues Shook Partner Matt Keenan in an article for Today's General Counsel. "These days even the most basic lawsuits may see several 30(b)(6) notices," Keenan notes. "In multidistrict litigation proceedings, they have become so prolific that some would say they are borderline abusive."
In the article, Keenan breaks down how the defense can embrace a plaintiff's 30(b)(6) notice. "Enabling counsel to choose their best and most important witness is a gift to the defense," he explains. "You can check the obvious boxes: be credible, confident and employ good judgment."
"With adequate preparation and strategic consideration, the 30(b)(6) witness can become a defense asset," Keenan concludes.