Choose "Person Most Knowledgeable" Wisely in the E-Discovery Era

Federal Rule 30(b)(6) depositions of the "person most knowledgeable" are nothing new.  Rule 30(b)(6) depositions have, however, taken on additional significance in the age of electronic record-keeping and electronic discovery.  Where before litigants employed the "Keeper of Records" deposition to authenticate documents, litigants are now turning to Rule 30(b)(6) depositions to address the often complex issues of electronic data preservation and production.   As a result, companies need to consider e-discovery issues when selecting a "person most knowledgeable" for Rule 30(b)(6) depositions pertaining to electronic preservation and production matters.  Failure to select someone who can speak to the complex technological mechanisms utilized to satisfy e-discovery obligations could result in prolonged litigation and costly disputes over spoliation and other electronic document production issues.  So, choose wisely, and consider employing an IT professional at your company for this critical task. 

For more tips on choosing your Rule 30(b)(6) deponent wisely, check out this article: