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Technology Stocks : Varian Semiconductor Equipment Associates -- VSEA
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To: Duker who started this subject6/26/2001 6:26:48 PM
From: dantecristo   of 1929
 
Does Orrick Herrington & Sutcliffe have a problem representing the Varian SLAPP lawsuit:
"Likewise, if you didn't want to be deposed, why have you identified yourself as a witness? All attorneys in the case, of course, have knowledge of the facts and circumstances surrounding the matter. That does not mean they identify themselves as a witness subject to being deposed unless they have non-privileged information which they intend to testify about. My concern is this. If you intend to testify, your firm may very well be recused and we would certainly move to do so. I am trying to avoid that situation in this matter. If you are a witness and you are going to testify and lay down a foundation as to what you observed, saw or did, then we are entitled to take your deposition. The reason for Magistrate Trumbull's Order was that we had not exhausted all the witnesses who could possibly testify about what I surmise you are going to be testifying about, namely the video at Kinko's. We are entitled to take your deposition if you intend to testify. You can stand on the right not to disclose trial witnesses all you want. If that is going to be your position and you are going to object to our taking your deposition on the grounds that we are not entitled to depose someone who is going to offer testimony, then we will move to recuse your firm. If we take your deposition and you stand on a privilege and do not testify as to the subject matter of your trial testimony, then we will move to exclude your testimony in whole. You can't stand on privilege and then waive the privilege at time of trial and testify about subject matter. "
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