Making the 30(b)(6) Witness Work For The Defense

Appearing under the pall of an ominous warning – that their testimony will “bind the company” – 30(b)(6) witnesses are often considered hapless and unwilling allies of the plaintiff attorneys who are trying to nail the company. In this Today’s General Counsel article, attorney Matthew D. Keenan takes issue with that view. In his practice, he says, these witnesses can offer “as much to the defense as any perceived advantage to the plaintiff.” He says it’s an opportunity that should not be squandered, and provides basic guidance on how to make the most of it.