ABOUT THE CONTRIBUTORS Donald W. Carlson is the Senior Founding Partner of Carlson, Calladine & Peterson LLP, and has spent the last 30 years trying a wide variety of complex cases for both plaintiffs and defendants. Mr. Carlson is a Fellow of the American College of Trial Lawyers, a Fellow of the Academy of International Trial Lawyers, and a member of the American Board of Trial Advocates (ABOTA), the three most prestigious invitation-only organizations that recognize plaintiff and defense attorneys who have successfully tried numerous jury cases while demonstrating excellence and professionalism. As well as authoring numerous articles on trial procedure and trial tactics, he often is asked to teach trial skills to the legal community. G. Richard Dodge, Jr. is a partner in the Litigation Department in the Washington, D.C., office of Dewey & LeBoeuf. His practice includes civil litigation, internal investigations, and white-collar criminal defense. Mr. Dodge received his J.D. from Georgetown University Law Center in 1998, where he was a member of the American Criminal Law Review. Diana S. Donaldson served as the managing partner of Schnader Harrison Segal & Lewis LLP for six years and is a member of its Litigation Department. She graduated from the Ohio State University College of Law, where she was Order of the Coif and Articles Editor of the Ohio State Law Journal. She served as a law clerk for the Honorable Max Rosenn of the United States Court of Appeals for the Third Circuit. Ms. Donaldson has spoken and written about litigation strategies, and in particular about depositions. She co-authored with Dennis R. Suplee The Deposition Handbook, now in its fourth edition. 787
Effective Depositions George Donaldson is a practicing attorney, specializing in class and complex business litigation, who founded his own firm in 1987. He has been a lecturer for the Business Law Section of the California State Bar, the California Continuing Education of the Bar (CEB), the American Trial Lawyers Association (ATLA), the American Bar Association (ABA), and the International Association for Financial Planning, and he has written articles for Practising Law Institute and Trial Magazine. He is a member of the bars of California, Virginia, the District of Columbia, and numerous federal courts. Mr. Donaldson received his J.D. from The George Washington University in 1976. Stuart W. Gold is a practicing trial lawyer and member of Cravath, Swaine & Moore LLP in New York. He has litigated all varieties of complex cases and has argued before the United States Supreme Court. Mr. Gold attended New York University School of Law, receiving his J.D. in 1972. After law school, he clerked for the Honorable Edward Weinfeld of the United States District Court for the Southern District of New York. Christine Bergren Greene is the Chief of the Legal Support Operations Branch of the Office of the Attorney General, California Department of Justice. The Legal Support Operations Branch provides office management, legal secretarial, clerical, business, and office services to the legal professionals in the six legal offices of the Office of the Attorney General. Prior to her current position, Ms. Greene served as a litigation paralegal and as a manager of the Litigation Support Section in the Office of the Attorney General. She is the author of Deposition Manual for Paralegals (2nd ed. 1993). She received her B.A. in History from the University of California at Berkeley and her M.B.A. in Finance from The George Washington University in Washington, D.C. Peter Gruenberger is a retired Partner of, and a consultant to, the global law firm Weil Gotshal & Manges LLP, headquartered in New York. At the firm, he was the long-time head of both the National Litigation Training and the Ethics Committees. From 1969 to date, his trial practice has involved securities, antitrust, bankruptcy, and other complex litigation matters. Mr. Gruenberger is now a member and principal of The Hecht Training Group (www.hechttraininggroup.com). He has designed 788
About the Contributors and conducted in-house training programs for law firms, in-house legal departments, firms of consulting experts, and bar associations on ethics and professional responsibility, evidence, trial skills, and depositions. He has written and lectured for the Federal Judicial Center, the New York City, New York County, and American Bar Associations as well as the Columbia University Law Review, ALI-ABA, Law Journal Press, and the University of Texas Review of Litigation. He was a founding member and officer of the ABA s Section of Litigation. After graduating from Columbia College and Columbia University School of Law (where he was Editor of the Law Review), Mr. Gruenberger served as a Judge Advocate General Officer in the United States Army. Raoul D. Kennedy is a partner in the San Francisco office of Skadden, Arps, Slate, Meagher & Flom LLP, where he handles civil litigation at both the trial and appellate levels. He is a graduate of the University of California, Berkeley, School of Law. Mr. Kennedy is a member of the American College of Trial Lawyers, the American Board of Trial Advocates, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Academy of Appellate Lawyers, and is past president of the California Academy of Appellate Lawyers. He is the co-author of the California Expert Witness Guide (California CEB). Hal S. Marcus is a principal at icyte, Inc., a leading provider of web research management and collaboration tools. At the time he wrote this chapter, Mr. Marcus was Vice President of Litigation Product Management at Thomson Reuters, providers of Westlaw and Live- Note software. A graduate of the University of Michigan Law School, he worked as a litigator at New York s Mudge Rose Guthrie Alexander & Ferdon before commencing a career in business and product development and becoming a regular industry speaker on the application of technology to legal practice. Over the years, Mr. Marcus has trained and consulted with thousands of legal professionals, many of whom have informed his contribution to this publication. Paul C. Palmer is the CEO and General Counsel of Bluecher U.S.A., Inc. Prior to his current position, he was a member of the Litigation Department of Debevoise & Plimpton in Washington, D.C. Mr. Palmer received his B.A. from Tufts University in 1977 and 789
Effective Depositions his J.D. from The George Washington University in 1980, where he was the Executive Editor of The George Washington Law Review. He is a contributing author of Effective Depositions (ABA 1997) and the co-author of Preparing a Witness to Testify in Taking and Defending Depositions in Commercial Cases (Practicing Law Institute 1993) and in Taking Successful Depositions in Commercial Cases (Practicing Law Institute 1992). Mark D. Petersen is a partner in the San Francisco law firm of Farella Braun 1 Martel LLP. He specializes in complex commercial litigation, including securities fraud, construction disputes, and entertainment lawsuits. Mr. Petersen received his B.S. in 1974 from the United States Naval Academy and his J.D. in 1983 from University of California, Hastings College of Law. He has taught deposition and trial skills with the National Institute of Trial Advocacy and the University of San Francisco Intensive Advocacy Program. Robert M. Peterson is a founding partner of Carlson, Calladine & Peterson LLP and over his 28 year career has tried many high stakes cases, lasting from three weeks to three months. Mr. Peterson represents businesses and individuals in high exposure, complex cases, including insurance bad faith, corporate fraud, unfair competition, professional liability, class actions, and catastrophic injury lawsuits. Mr. Peterson is nationally known for his expertise in insurance bad faith and punitive damages issues, and he has tried or litigated insurance bad faith cases in more then 20 states. He has authored over a dozen articles on topics such as punitive damages, class actions, and litigation and trial techniques. He is a frequent speaker at industry seminars and has taught trial deposition techniques to California lawyers. Mr. Peterson is a graduate of University of California, Hastings College of Law, San Francisco (J.D. 1981) and Cornell University, Ithaca, New York (A.B., English, 1978). Eve Saltman is currently the Vice President, Legal at OnLive, Inc., in Palo Alto, California, where she leads all the day-to-day legal affairs of the company. Prior to OnLive, Ms. Saltman held a variety of legal roles at Autodesk, Siebel Systems, and LiveOps. She started her legal career Orrick, Herrington & Sutcliffe LLP, in San Francisco and Silicon Valley. 790
About the Contributors Lorna G. Schofield is a partner with Debevoise & Plimpton LLP in the firm s New York office. She has spent most of her career doing complex commercial civil litigation and trials, the most widely reported of which was her defense of TV celebrity Rosie O Donnell in a dispute with the publisher of Rosie magazine. In the past few years Ms. Schofield has spent the majority of her time representing clients in regulatory and criminal investigations, following up on her earlier work as a federal prosecutor. Ms. Schofield is currently the Chair of the American Bar Association s Section of Litigation. She has served in many other positions with the section, including co-chair of the task force that developed the Civil Discovery Standards, which provide guidelines to lawyers and judges in areas not addressed by the rules. Michael J. Shepard is a partner in the San Francisco office of Hogan & Hartson LLP. A trial lawyer, his practice includes whitecollar criminal defense and related proceedings, civil trials, and internal investigations. He is a graduate of Princeton University and Stanford Law School, where he was Senior Articles Editor of the Stanford Law Review and Order of the Coif. He served as a federal prosecutor in Chicago, trying thirty cases involving public corruption, financial fraud, and other federal offenses, and eventually serving as Interim United States Attorney there as well as Chief of the Public Integrity Section of the Criminal Division of the Justice Department in Washington D.C. Since returning to private practice in 1994, Mr. Shepard has conducted many internal investigations and tried numerous cases, both civil and criminal, some of which have actually raised the issues addressed in his chapter. David A. Sonenshein is a Professor of Law at Temple University School of Law and a graduate of Cornell University and the New York University School of Law. Professor Sonenshein teaches evidence, civil procedure, and trial advocacy at the law school and has taught trial advocacy, evidence, and deposition practice in law firms throughout the country. The author of dozens of articles and books, Professor Sonenshein also served as the Director of the American Institute for Law Training within the Office (AILTO), the in-house training organization of ALl-ABA, and teaches evidence to Federal Judges for the Federal Justice Center. He is the co-author with the late Irving Younger and Michael Goldsmith of the evidence casebook, Principles of Evidence. Professor Sonensheim was 791
Effective Depositions named Temple University s Great Teacher in 2007, and he has been named the Outstanding Professor at the Law School six times. Dennis R. Suplee, a graduate of the University of Pennsylvania Law School, is a partner in the Philadelphia office of Schnader Harrison Segal & Lewis LLP. His practice concentrates on commercial litigation, including insurance coverage cases, patent and trademark litigation, antitrust litigation, and defense of mass tort cases. Mr. Suplee is a Fellow and former Regent of the American College of Trial Lawyers, and a Fellow and Past President of the International Academy of Trial Lawyers. He is co-author of two standard works on litigation practice, The Deposition Handbook, now in its fourth edition, and The Expert Witness: A Handbook for Litigators, and speaks frequently on effective litigation techniques. Judge Jeffrey S. White is a United States District Court Judge for the Northern District of California, San Francisco Division. Before his appointment to the bench in 2003, Judge White was a partner and chair of the Litigation Department of Orrick, Herrington & Sutcliffe LLP, in San Francisco, California. Judge White is a lecturer in civil trial advocacy at the University of California, Berkeley, School of Law (Boalt Hall). He received his J.D. at State University of New York at Buffalo School of Law in 1970. 792