KDC member,  John M. Bush is now with Bush & Osbourn PLLC, Louisville, Kentucky.

KDC member, Mark E. Nichols, is now with Nichols Walter, PLLC, Lexington.

The Law Office of Benny C. Epling has relocated to 501 Darby Creek Road, Suite 61, Lexington, KY 40509.  All other information remains the same.

KDC is pleased to welcome its newest member, Todd Greer of Boehl Stopher & Graves, LLP, Louisville.  Mr. Greer is a graduate of the University of Louisville Brandeis School of Law and practices in the areas of Appellate, Business Litigation, Contract, General Liability, Insurance, Premises, Professional Liability and Tort.  He is a member of DRI.

Turn to page 86 of the July 2017 edition of DRI's publication For the Defense to read KDC's Secretary-Treasurer's outstanding article, Three Reasons Why Young Lawyers Should Perform Community Service.  

Dear DRI Colleagues:
 
The Advisory Committee on Civil Rules of the U.S. Courts is seeking comments on FRCP 30 (b)(6) which addresses the manner in which organizational depositions are conducted.  DRI has a long and active history of participation in the civil rules making process, and invites your assistance as we gather information to give the Advisory Committee.
 
Members interested in helping DRI provide advice to the Advisory Committee about how Civil Rule 30 (b)(6) is working, and whether any changes to the Rule are necessary, should contact Jim McCrystal (jmccrystal@sutter-law.com),  chair of the Federal Rules Committee of DRI’s Center for Law and Public Policy.
 
The Advisory Committee has been working on this project for several months. There is no formally announced deadline for providing comments, but the Advisory Committee would like to hear from interested parties by August 1^st, 2017.
 
At its April meeting, the Advisory Committee outlined several areas for consideration: 

1. Should organizational depositions be made a specific topic of discussion during the Rule 26 (f) conference?
2. Does testimony in an organizational deposition bind a party like an admission under Rule 36, or is such testimony merely admissible over a hearsay objection? Can a party be barred from introducing contrary evidence with a Rule 37 argument that the witness was not properly prepared?
3. Should the rule be amended to permit supplementation of the deposition much like an expert can supplement a report under Rule 26(e)(2)?
4. Should contention questions be barred during organizational depositions? (*DRI Note: “contention questions” are generally defined as those which support or pertain to a party’s allegations/contentions in the pleadings.)
5. Should the rule include explicit language authorizing pre-deposition objections? Must such objections be specific as in Rule 34(b)? Should the organization make a proffer of what it will provide despite the objection, and would they excuse performance absent a court order?  
6. What is the proper relationship between the Rule 30 limitation on duration and number of witnesses when an organizational deposition is taken with multiple witnesses? 

Comments to the Advisory Committee do not need to be limited to these six topics, although these were specifically outlined by the Committee in its solicitation for commentary.
 
DRI is proud to be at the forefront of critical rule-making processes such as this.  Your input and assistance is greatly appreciated.  
 
 
John E. Cuttino
DRI President 

KDC welcomes its two newest members:

Matthew Jake Bliss of Boehl Stopher & Graves, LLP, Lexington is a University of Kentucky College of Law graduate.  Mr. Bliss practices in the areas of Commercial, General Liability, Insurance, Premises, Professional Liability and Real Estate Transaction.

Michael Todd Davisof Boehl Stopher & Graves, LLP, Lexington is a University of Kentucky College of Law graduate.  Mr. Davis practices in the areas of Appellate, Auto, Construction, Contract, General Liability, Government, Insurance, Premises, Product Liability, Tort & Trucking.

The law firm of Spurgeon and Tinkrs, PSC is now located at 141 Prosperous Place, Suite 23-B, Lexington.

KDC member, Tyler Adkins, is now practicing with Steptoe & Johnson, PLLC, Charleston, WV.

KDC welcomes it newest member, Whitney F. Graham of McMasters Keith Butler, Inc., Louisville.  Ms. Graham graduated from the University of Louisville Brandeis School of Law and practices in the area of medical malpractice.  She is sponsored by KDC member, Beth McMasters.