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November 20, 2023

Law360: "How Executives' Deposition Standards Can Differ"

Genevieve Halpenny, associate, and John Cook, Intellectual Property Litigation Practice Area co-chair, had their “How Executives’ Deposition Standards Can Differ” expert analysis article published by Law360. The article explores the apex doctrine, provides an overview of the Purdue University v. Wolfspeed Inc. decision, summarizes several apex witness deposition decisions, and offers takeaways for the party seeking an apex deposition and the party seeking a protective order. 

The article notes that “courts have broad discretion to decide whether to allow an executive to be deposed and whether such deposition should be limited. . . . In exercising their discretion, courts distinguish between executives who are intimately involved in relevant decisions and actions and those executives whose oversight is high level and fairly removed from relevant facts.”

Click here to read the full article.

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