Concepts: Depositions ; Executive Testimony

You say you want a deposition?

Plaintiff attorneys often request and are sometimes successful in deposing corporate CEOs and other chief executives. But there are many times when defense attorneys want to spare the C-suite from what can be high-risk and time-consuming exercises for someone whose knowledge or expertise may have little or nothing to do with the facts and issues in a case. 

In this episode, I talk with Rachel M. Lary, a litigator with a nationwide practice at Lightfoot, Franklin & White, about the Apex Doctrine—a legal principle that protects high-ranking executives from being deposed unless certain conditions are met. Rachel explains how courts weigh an executive’s actual knowledge of a case, the availability of less intrusive discovery, and how judges have ruled on the doctrine around the country. (Her firm’s technologist, Sam McAllister, created an interactive map showing state-by-state treatment of the Apex Doctrine. We interviewed Sam in 2023.)

Listen in and you will see why Fortune 500 companies rely on Rachel to represent them as national litigation counsel. I appreciate her sharing her insights on the podcast. I also appreciate that Rachel agreed to give a video tour of her remarkably neat office, which is what she thought I requested. I have a degree in communication, and maybe I should brush up. Rachel is both knowledgeable and a good sport.

As always, if you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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