CLE
Ian R. Alexander
Ian R. Alexander Goldberg & Goldberg, LLC
The Fallacy of Corporate Amnesia and How To Use Corporate Memory To Prove Systemic Breakdowns That Will Win Your Case
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Premieres April 21, 2:00 PM ET/11:00 AM PT
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The Fallacy of Corporate Amnesia and How To Use Corporate Memory To Prove Systemic Breakdowns That Will Win Your Case

This program examines the frequently asserted but legally flawed defense of “corporate amnesia” and provides plaintiff lawyers with advanced strategies to use corporate memory evidence to prove systemic negligence.

The presentation analyzes controlling case law establishing that corporations are charged with institutional knowledge regardless of employee turnover and explains the discovery obligations requiring organizations to search their corporate memory. Attendees will learn how to leverage Rule 30(b)(6) depositions, document retention failures, and preservation breakdowns to transform ordinary negligence cases into compelling systemic liability narratives.

Through practical litigation techniques and real-world examples, participants will gain actionable tools to expose organizational failures, defeat memory-based defenses, and present persuasive cases to juries.

Learning Objectives

Participants will be able to:

  • Explain why corporate amnesia is not a valid legal defense
  • Identify discovery tools to uncover institutional knowledge
  • Prepare and examine effective Rule 30(b)(6) witnesses
  • Use preservation failures to support sanctions and adverse inferences
  • Present systemic failure themes that resonate with juries
Topics covered include:
Personal Injury Discovery Law Practice Trial Skills
Agenda:
  • Introduction: The Myth of Corporate Amnesia
    • Overview of the common defense narrative that knowledge was lost due to employee turnover or passage of time.
    • Introduction to why this argument fails legally and strategically.
    • Framing the concept of corporate memory as a powerful plaintiff tool.

  • The Legal Framework of Corporate Knowledge
    • Explanation of agency principles and knowledge imputation to corporations.
    • Discussion of key cases establishing that organizations cannot disclaim knowledge simply because of personnel changes or the passage of time.

  • Discovery Duties and the Obligation to Search Corporate Memory
    • Discussion of Rule 30(b)(6) obligations and the duty to conduct a reasonable investigation of institutional knowledge.
    • Practice focus on preparing and attacking corporate representatives.

  • Spoliation, Preservation Duties, and Litigation Holds
    • Examination of preservation obligations once litigation is reasonably anticipated.
    • Discussion of how failures expose systemic breakdowns.

  • Using Corporate Memory to Prove Systemic Failure
    • Practical plaintiff strategies to convert institutional knowledge into liability evidence.
    • Topics include pattern and practice evidence, prior similar incidents, notice and foreseeability, safety committee minutes, training failures, document retention gaps, and human factors integration.
    • Real-world examples demonstrating how juries understand systemic breakdowns better than isolated negligence.

  • Deposition Tactics That Expose Corporate Amnesia
    • Advanced Rule 30(b)(6) techniques, including framing memory themes early, locking in “reasonable investigation” admissions, using timelines to demonstrate institutional knowledge, and converting “I don’t know” into corporate failure.

  • Conclusion: Turning Memory into Verdict Power
    • Summary of key takeaways and how corporate memory evidence reframes cases from mistake narratives to systemic negligence.

  • Questions & Answers (As Time Permits)
Read More ›
Duration of this webinar: 60 minutes
When: Premieres in 18 days | April 21, 2026 11:00 AM PT
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Speaker
Ian R. Alexander
Ian R. Alexander Managing Partner
Goldberg & Goldberg, LLC

Ian R. Alexander is the Managing Partner of Goldberg & Goldberg, LLC, a nationally recognized personal injury and medical malpractice trial firm headquartered in Chicago. He focuses his practice on catastrophic injury, medical negligence, wrongful death, and complex liability litigation. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Hawaii CLE

Status: Approved

Credits: 1.00 General

Missouri CLE

Status: Approved

Credits: 1.20 General

Nevada CLE

Status: Approved

Credits: 1.00 General

New Jersey CLE

Status: Approved

Credits: 1.20 General

North Carolina CLE

Status: Approved

Credits: 1.00 General

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Texas CLE

Status: Approved

Credits: 1.00 General

Vermont CLE

Status: Approved

Credits: 1.00 General

West Virginia CLE

Status: Approved

Credits: 1.20 General


This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Missouri, one hour of General CLE credit in Nevada, one hour of General CLE credit in North Carolina, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

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