The perils of CEO depositions; avoidance, limitation and, finally, preparation are warranted when discovery embroils the boss

Article Abstract:

Outside counsel for CEOs should, when faced with a request to depose their clients, first learn the purpose of the deposition and perhaps offer more appropriate witnesses instead of the CEO. If this is inappropriate, counsel can seek a protective order or motion to quash under Federal Rule of Civil Procedure 26(c) or 26(b)(2). Other tactics include motions to delay or limit a deposition. If all else fails, CEOs must be thoroughly prepared for discovery and trial.

Testimony, Discovery (Law), Corporate officers

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Litigation; looking at Rule 30

Article Abstract:

The pros and cons of a Rule 30(b)(6) deposition are discussed, and notice of such a deposition describes with reasonable detail the matters on which examination may take place. Use of this device should be limited by amending the rule or enacting local rules.

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Courts tend to limit depositions of high-level execs; if person has no unique knowledge, plaintiffs must use other means

Article Abstract:

Case law regarding depositions of corporate executives is discussed. Detailed affidavits can avoid depositions for executives with no particular knowledge of the facts at issue, others can show that they have no unique knowledge of such facts.

Investigations, Executives

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