Taking & Defending Depositions: Strategies & Techniques – Three Part Series

Format: In-Person

 

Taking & Defending Depositions: Strategies & Techniques – Part I – Deposition Preparation

Wednesday, July 15, 2026, | 9:30 am – 11:30 am

Taking & Defending Depositions: Strategies & Techniques – Part II – Conducting the Deposition

Wednesday, July 22, 2026, | 9:30 am – 11:30 am

Taking & Defending Depositions: Strategies & Techniques – Part III – Corporate & Expert Depositions

Wednesday, July 29, 2026, | 9:30 am – 11:30 am

 

• Description
• Faculty
• Part 1 Agenda
• Part 2 Agenda
• Part 3 Agenda
• CLE Credit
• Sponsors

• This will be an update of a program previously presented. It will be in three parts: Part I will be Deposition Preparation. This will involve preparation for both taking depositions and defending depositions. We also plan to cover preparation for virtual/remote depositions. Part II will be Conducting the Deposition. This will cover particulars of taking a deposition, as a “hands-on” discussion of what to do and expect. Part III will be Corporate & Expert Depositions. This part will cover the unique aspects of these “specialized” depositions. We have previously described the program, including its numerous benefits, as follows: Depositions are one of the most crucial and challenging stages of litigation. They permit a skilled examiner to fill in critical gaps in the documentary record, elicit vital judicial admissions that can shape the outcome of dispositive motions and trials, and provide keen insights into how witnesses will likely react to the crucible of cross-examination at trial and how such witnesses.

  Program Fee:
  Live in-person program: Per Day: Members: $149| Nonmembers: $249
  All Three Days: Members: $399 | Nonmembers: $599

• Part 1

  Part I – Deposition Preparation

  Scott Himes
  Moderator, Scott Himes Law PLLC

  Justin Gunnell
  Sher Tremonte

  Jessica Giambrone Palmese
  Epstein Becker Green

  Part 2

  Part II – Conducting the Deposition

  Scott Himes
  Moderator, Scott Himes Law PLLC

  Ira Tokayer
  Law Office of Ira Daniel Tokayer

  Daniel Seltz
  Lieff Cabraser Heimann & Bernstein, LLP

  Jessica Giambrone Palmese
  Epstein Becker Green

  ---

  Part 3

  Part III – Corporate & Expert Depositions

  Scott Himes
  Moderator, Scott Himes Law PLLC

  Daniel Seltz
  Lieff Cabraser Heimann & Bernstein, LLP

  Justin Gunnell
  Sher Tremonte

  Steve Holinstat
  Proskauer Rose LLP

• 9:30 a.m. – 9:35 a.m.
  Introduction
  • The panelists and overall perspectives deposition preparation

  9:35 a.m. – 10:20 a.m.
  Preparation for Taking the Deposition
  • Know Your Case
  • Deposition Goals
  • Identification and Review of Relevant Documents and Testimony
  • Creation and Usage of Deposition Outlines
  • Logistics and setup

  10:20 a.m. – 11:10 a.m.
  Preparation for Defending the Depositions
  • Review Deposition Notice/Subpoena
  • Know Your Case
  • Identification and Review of Documents and Prior Testimony
  • Witness Preparation
  • Highlighting Privilege Issues

  11:10 a.m. – 11:20 a.m.
  Special Preparation for a Virtual Deposition; Use of AI
  • Rules and Procedures Governing Virtual Examination
  • Unique Witness Preparation
  • AI as a Preparation Tool

  11:20 a.m. – 11:30 a.m.
  Questions & Answers

   

• 9:30 a.m. – 9:35 a.m.
  Introduction 
  • The panelists and overall views on taking and defending depositions

  9:35 a.m. – 9:45 a.m.
  Preliminary Matters
  • Room Arrangement
  • Pros and Cons of Videotaping
  • Who May Attend and Their Respective Roles
  • Court Reporter’s Statements
  • “Usual” Stipulations

  9:45 a.m. – 10:30 a.m.
  Examining Witnesses
  • Opening Questions/Topics
  • Organization of Questions
  • Using an Outline
  • Flow of Questions
  • Questioning Techniques
  • Obstructionist Counsel and Witnesses

  10:30 a.m. – 11:00 a.m.
  Defending Witnesses
  • Basic Role
  • Objections
  • Do’s and Don’ts
  • Communications with Deponent

  11:00 a.m. – 11:10 a.m.
  Post-Deposition Follow-Up
  • Review/signing of Transcript
  • Demands for Additional Discovery and Testimony

  11:10 a.m. – 11:20 a.m.
  Special Considerations for Virtual Depositions; Use of AI
  • Rules and Procedures Governing Virtual Depositions
  • Introduction and Marking of Exhibits
  • Communications With Witnesses During Breaks
  • AI as an Aid at the Deposition

  11:20 a.m. – 11:30 a.m.
  Questions & Answers

• 9:30 a.m. – 9:35 a.m.
  Introduction 
  • The panelists and perspectives on “special” deposition witnesses

  9:35 a.m. – 10:20 a.m.
  Corporate Witnesses
  • Governing Rules
  • Identification of Appropriate Witnesses
  • Special Considerations For Preparing Corporate Witnesses to be Deposed
  • Special Considerations For Conducting Corporate Witness Depositions
  • Blurring the Line Between Corporate and Individual Depositions
  • Pros and Cons of Corporate Depositions

  10:20 a.m. – 11:05 a.m. Expert Witnesses
  • Research into Expert’s Credentials and Prior Testimony
  • Know the Expert’s Report Inside and Out
  • Understanding Industry/Expert Terminology
  • Special Considerations For Preparing Experts
  • Special Considerations For Deposing Experts
  • Special Considerations For Defending Experts
  • Pros and Cons of Having Your Own Expert Attend Depositions

  11:05 a.m.- 11:20 a.m.
  Special Considerations for Non-Party Witnesses

  11:20 a.m. – 11:30 a.m.
  Questions & Answers

   

• CLE Credit Part 1, Part 2 and Part 3 individually:
  New York: 2.0 Skills
  New Jersey: 2.3 General
  California: 2.0 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

  All 3 Parts Together:
  New York: 6.0 Skills
  New Jersey: 6.9 General
  California: 6.0 General
  Pennsylvania: 4.5 General
  Connecticut: Available to Licensed Attorneys

• Thank you to our sponsor:

  

  Sponsoring Association Committee:
  Litigation, Cassandra L. Porsch, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org