Colin Walsh
Texas Employer Lawyer Colin Walsh

Just like Soylent Green, companies and government agencies are people.  They have rights, they have beliefs, they have purposes, and ambitions, dreams.  And just like Charlton Heston in another sci-fi classic, they can speak!  

In litigation, whether in state or federal court, the company speaks through what is known as a corporate representative deposition.  Under the Texas Rules of Civil Procedure, a corporate representative deposition is taken under Rule 199.2(b)(1).  If the case is in federal court, the applicable federal rule of civil procedure is Rule 30(b)(6).  Under both rules, an entity is required to designate and prepare an individual or several individuals to speak on behalf of the company regarding topics enumerated specifically in the notice of deposition served by the other party.  

In theory, it goes like this: the party seeking the deposition of the entity—in my cases, that is the plaintiff—sends a draft notice to opposing counsel listing the topics on which we want the corporation to speak.  The entity’s attorneys—usually the defendant in my cases—then consult with their client and find one or more people can speak with knowledge on the topics provided.  We then work out a mutually agreeable date.  The deposition is taken and at the end we all join hands and sing.  In practice, it can be, but is not always, a bit more contentious.  

Here is the story of how a recent defendant tried to avoid, then delay having a corporate representative deposition and lost.

On December 13, 2022, I sent Defendant a draft copy of the 30(b)(6) deposition notice and requested dates for that deposition to take place. The next day, Defendant’s counsel responded that she had forwarded the draft notice to her client and that they are working on finding representatives for the topics.  On December 20, Defendant responded, offering to stipulate to certain things, or, alternatively, should we not make such stipulations, to designate a corporate rep for most of the topics listed in the notice, but fully objected to some other topics.

On December 22, 2022, we responded, rejecting the proposed modifications, stipulations, and combining of certain depositions. We then requested a deposition date by the end of the day.  Later that night, on December 22, 2022, we served our 30(b)(6) notice.

On January 9, 2023, at 5:31 pm, with just one business day left before we had to take another deposition in the case, Defendant filed a motion to stop the entire deposition, objecting to all of our topics.  

We responded on Friday the 13th and requested an expedited ruling.

On Tuesday, January 17, 2023, at about 9:30 in the morning, the Court denied Defendant’s motion and ordered them to appear at the deposition the next day.  Defendant tried once again to delay the deposition by filing objections to the order.  But objections don’t halt a discovery order.  Defendant did not show up at the deposition, in defiance of the court order.  A few hours later, the judge denied Defendant’s objections to the previous order.  Now Defendant is on the hook for the costs associated with them not showing up at the deposition.

The point of this story is twofold.  First, we fight for our clients and hold defendants accountable for not fulfilling their discovery obligations.  Second, defendants in employment cases can and do abuse discovery.  It’s a big problem and a lot of attorneys are not able to fight it because of the time and resources involved. 

If you have been unlawfully terminated and are considering your options, you should contact an attorney.  The board-certified attorneys at Wiley Walsh, P.C. may be able to help by discussing your case and providing a candid assessment.  We can be reached at or by calling 512-271-5527.

And now to end with what I’m pretty sure is from another Charlton Heston sci-fi classic:

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Photo of Colin W. Walsh Colin W. Walsh

We asked Colin W. Walsh, an experienced Trial Attorney in the Austin office of Wiley Walsh, P.C., to impart his candid answers to a range of questions.   After reading, you will be more more informed on the well-respected reputation that Mr. Walsh

We asked Colin W. Walsh, an experienced Trial Attorney in the Austin office of Wiley Walsh, P.C., to impart his candid answers to a range of questions.   After reading, you will be more more informed on the well-respected reputation that Mr. Walsh carries.

1. What do you like most about being an employment lawyer?

I enjoy getting tangible results for my clients and being involved in an area of law that affects everybody every day.

2. What is the most important issue to you of being an advocate?

One of the most important issues to me as an advocate is to not only zealously represent my clients, but also the law.

3. What kind of clients do you like best?

I like the clients that I am able to help who were not able to find help elsewhere.  On a couple of occasions now, a client has told me that my firm is the first one that has listened to his or her issue and offered any kind of assistance.

4. What do you think is the most important part of a good case?

The client.  If the client is not invested, then the other side won’t take it seriously and neither will the jury.

5. What labor and employment issues do you think are currently trending?

The biggest employment discrimination issues I see right now are related to age, disability, and pregnancy discrimination.  For some reason, these types of discrimination seem to be acceptable to employers.  The other issues right now are minimum wage and overtime pay.

6. Who is your favorite Supreme Court Justice?

Justice William Brennan.

7. What would you say to HR of a company about how to treat employees?

It would be to listen to your employees.  Most employees are not looking to sue when he or she goes to Human Resources.  These employees are sincerely looking for help.  Nothing makes an employee seek legal counsel like when he or she complains about something and HR starts investigating the employee instead of the complaint.

8. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

The most interesting job I’ve had is working as an extra in film and television.  I should have known that I was destined to be a lawyer at that point because two of my biggest gigs were the TV show “Boston Legal” and the film Charlie Wilson’s War.

9. What is your favorite food?

Meat pies.  I first discovered them when I studied abroad in undergrad.  I can’t believe these have not caught on in the U.S. because they are brilliant.

10. What’s the best part of living in Austin?

All of the outdoor festivals.  And the Longhorns.

Colin W. Walsh is a Trial Attorney in the Austin office of Wiley Walsh, P.C.  He graduated from The University of Texas at Austin with a bachelor’s degree in theatre in 2006.  Mr. Walsh then graduated from The University of Texas School of Law with honors in 2011.