W Blonigan's List: Rule 30(b)(6)

no need to prepare Rule 30(b)(6) witness to testify on legal positions taken in previous litigation

The court denied defendant's motion to compel a 30(b)(6) deposition from plaintiff regarding plaintiff's legal positions in prior actions involving the technology and patents at issue. "[C]ontention interrogatories and document requests provide the appropriately proportional method to discover [plaintiff's] positions taken in prior litigation. Defendants suggest that the topics in question relate only to the 'ultimate positions . . . and the underlying factual bases for [plaintiff's] positions.' Even construing the topics in this manner, such topics necessarily implicate nuanced legal decisions, and very well may tread upon privileged information. The Court is persuaded that it will be exceptionally difficult and expensive to prepare a witness to both testify adequately regarding the identified topics, and also avoid disclosing privileged information." (page 2)