Opposing ‘Apex’ Depositions of Top Corporate Executives
Richmond associate Timothy St. George’s article “ Opposing ‘Apex’ Depositions of Top Corporate Executives” was published March 23 in Practical Law.
“Whether used as an attempted tool for legitimate discovery or employed as an attempted point of leverage, it has become an increasingly-common tactic for opposing counsel to seek the depositions of top corporate executives, especially in asymmetrical discovery postures where only one side has such executives to depose,” Timothy said in a summary of his article. “Because such depositions pose unique substantive concerns, an evolving line of jurisprudence has developed that provides a means by which to move to quash the depositions of those executives.” This article explains how that authority can be utilized to quash or at least delay such “apex” depositions.