News & Analysis as of

Discovery Apex Doctrine

Holland & Knight LLP

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

Holland & Knight LLP on

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

Perkins Coie on

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

Chartwell Law

2023-2024 Proposed Georgia Legislative Updates: General Liability

Chartwell Law on

In its current session, the Georgia Legislature is considering numerous bills that, if passed, will directly impact the landscape of legal liability in the state. Below we summarize some important components of this proposed...more

Snell & Wilmer

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

Snell & Wilmer on

The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more

BCLP

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

BCLP on

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

Butler Snow LLP on

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

Faegre Drinker Biddle & Reath LLP

Georgia Supreme Court Will Address the Problem of Abusive “Apex” Depositions

A frequent and vexing issue for corporate defendants, in products liability and other cases, is the demand for a deposition of the company’s CEO or depositions of other senior executives. Even when these executives were not...more

Carlton Fields

Fla. High Court Codifies the ‘Apex Doctrine’: Discovery Protection for Corporate Decision-Makers

Carlton Fields on

On Aug. 26, by a majority of 6–1, the Florida Supreme Court adopted, effective immediately, a new Florida Rule of Civil Procedure, codifying a long-recognized protection for high-level government officials and extending that...more

Littler

Florida Adopts the Apex Doctrine in the Corporate Context

Littler on

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

Locke Lord LLP

An Apex Doctrine for All‎

Locke Lord LLP on

On August 26, 2021, the Florida Supreme Court amended the Florida Rules of Civil Procedure to apply the “Apex Doctrine” to high-level corporate officers. The “Apex Doctrine” prevents harassment of such officers in litigation...more

Burr & Forman

Florida Supreme Court Adopts Apex Doctrine

Burr & Forman on

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

Carlton Fields

Florida Supreme Court Adopts and Codifies Apex Doctrine

Carlton Fields on

In a somewhat surprising move, the Florida Supreme Court has just issued an opinion, on its own motion, “to codify the apex doctrine and to extend its protections to the private sphere.” See In re Amendment to Florida Rule of...more

Brooks Pierce

The NC Business Court Deals With The Apex Doctrine (Again)

Brooks Pierce on

I know that you haven’t heard from me in a while. I’m sorry, and I feel guilty. ......I’m not ready to abdicate my position as the original NC Business Court blogger, so I’m back at it again. My reentry point is the...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

Butler Snow LLP on

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?

Weintraub Tobin on

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

Butler Snow LLP

Pro Te: Solutio Vol. 8 No. 3

Butler Snow LLP on

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery...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

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide