Discovery Ethics: 30(b)(6)


Lawyer sends over a 30(b)(6) request trying to get the deposition of the corporation as to why certain prior art had not been submitted during prosecution.  Rather than have an employee investigate and figure out why the art wasn’t disclosed, or object to the notice, the recipient produces an employee who basically says, “I didn’t investigate but we’re an honest company and so if we didn’t disclose it, it’s because we didn’t know about it or it wasn’t material.”

The judge wasn’t amused, and the decision in Raytheon v. Cray (E.D. Tex. Payne, J., June 6, 2017), is here.  “The rules don’t give Ratheon the right to ignore” the 30(b)(6) notice is about as simple as it gets.  Boy, there are days I don’t miss litigation!

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.