News & Analysis as of

Discovery Corporate Executives

Holland & Knight LLP

The Apex Doctrine in Florida Courts: Protecting Corporate Officers from Depositions

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The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing...more

Perkins Coie

Washington Evaluates the Standard for Corporate Executive Depositions

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The Washington Supreme Court recently considered whether it would adopt the "apex doctrine." This doctrine is a framework used by some courts to evaluate whether a party may take the deposition of a company's executives and...more

Stoel Rives - Notice of Appeal

Washington Supreme Court Unanimously Rejects the Apex Doctrine

In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to...more

BCLP

Georgia Supreme Court Finds “Apex Doctrine” Factors Are Entitled to Consideration

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The Supreme Court of Georgia recently issued a decision on whether the Apex Doctrine - a theory under which high-ranking corporate executives and government officials may not be compelled to sit for depositions if they lack...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Rejects "Apex Doctrine"

On June 1, 2022, the Georgia Supreme Court issued a ruling that has the potential to significantly impact discovery in Georgia courts. In Gen. Motors, LLC v. Buchanan, No. S21G1147, 2022 WL 1750716 (Ga. June 1, 2022), the...more

Butler Snow LLP

The Apex Doctrine and the C-Suite Deponent

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The First Line of Defense Against Plaintiff Overreach - The suit has been filed, the troops have been marshaled, and written discovery is underway. What’s next are the inevitable requests for depositions of current and...more

Littler

Florida Adopts the Apex Doctrine in the Corporate Context

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Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more

Burr & Forman

Florida Supreme Court Adopts Apex Doctrine

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On August 26, 2021, the Florida Supreme Court amended the Florida Rules of Civil Procedure to adopt the so-called “apex doctrine” that protects high-level corporate officers from abusive discovery. ...more

Butler Snow LLP

Update – Rule 30(b)(6) Officially Amended with a Modified Meet and Confer Requirement, But Practical Challenges Remain

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Previously, I wrote about a proposed amendment to Federal Rule of Civil Procedure 30(b)(6) that would create a meet and confer requirement among counsel concerning the topics for examining a corporate representative in a...more

Maynard Nexsen

Bet-the-Career: Tips for keeping executives from becoming collateral damage in high stakes litigation

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Small and large companies make tough decisions to “bet-the-company litigation” in prosecuting and defending itself in high-stakes litigation. But less discussed are those executives that “bet-the-career” in mounting a...more

Bradley Arant Boult Cummings LLP

You Don’t Get a Bite at the Big Dog: Texas Court Rules that Injured Worker Cannot Depose Company CEO

What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be...more

Butler Snow LLP

Apex Depositions

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It has become an increasingly common tactic for opposing counsel to seek the depositions of top corporate executives. These depositions are generically referred to as apex depositions....more

Weintraub Tobin

If You Sue Facebook, What's The Likelihood You'll Be Allowed To Depose Mark Zuckerberg?

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Companies are no strangers to litigation. In California, it is a cost of doing business. Unfortunately, it is not uncommon for litigants to try to gain leverage in a dispute with a corporate party by attempting to depose its...more

Foley & Lardner LLP

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

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Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more

PilieroMazza PLLC

The Corporate Designee in Commercial Litigation – the Voice That Binds the Company

PilieroMazza PLLC on

A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its...more

Morrison & Foerster LLP

Aveta And The Use Of Confidential Info In FCA Cases

In a recent case in the District of Puerto Rico, United States ex rel. Valdez v. Aveta Inc., et al., No. 15-cv-01140-CCC (D.P.R.), the former president of Puerto Rican-based managed health care provider Aveta Inc., Jose...more

Proskauer - Minding Your Business

The Most Overlooked Exception to Attorney-Client Privilege

In-house counsel often communicate with corporate management under the assumption that these communications are protected by the attorney-client privilege— absent some type of unusual and extraordinary circumstance, such as...more

Butler Snow LLP

To Speak or Not to Speak: The “Personal Knowledge” Requirement of a Corporate Representative

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Federal Rule of Civil Procedure 30(b)(6) permits a corporate representative to testify during deposition about matters within the corporation’s knowledge. This testimony does not require the corporate representative to have...more

Arnall Golden Gregory LLP

The Apex Doctrine: Protect Your Corporate Executives From Harassment

Because few cases proceed to trial, discovery and, more specifically, depositions are the focal point in most civil litigation. The permissible scope of discovery is usually very broad – permitting a party to discover...more

Arnall Golden Gregory LLP

Proven Strategies For Handling Difficult Deposition Questions

When we prepare 30(b)(6) corporate representatives and executives for their depositions, they are often fearful that the questioning attorney will try to trick them into admitting something that is not entirely accurate. They...more

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