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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, August 31, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide counsel through the unique challenges when someone seeks to depose a high-ranking executive, such as Chairman of the Board, CEO, President, etc. The panelist will discuss the best strategies for preventing abuse of such depositions in federal and state courts and those needing to depose this distinct category of "apex" witnesses.

Faculty

Philip J. Mohr
Partner
Womble Bond Dickinson (US), LLP

Mr. Mohr has more than two decades of trial experience for both publicly traded and privately held companies in state and federal courts throughout the country have taught him that some cases simply have to be tried to verdict. He has honed his trial skills in cases involving complex business litigation (including fraudulent transfer and equitable subordination cases in the Delaware bankruptcy courts), commercial torts (including unfair trade practices, fraud and misappropriation of trade secrets), and shareholder derivative suits. Mr. Mohr has particular experience guiding clients through the North Carolina Business Court and is the author of North Carolina Business Court Report, an online resource in which he shares his insights and knowledge of the Court and explains how recent court decisions may impact companies doing business in North Carolina.

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Description

Attorneys who represent companies, especially those companies with layers of management, must know how to protect their executives, such as CEOs, from spurious depositions or from being called to testify in perhaps scores of lawsuits on many different types of claims. In seeking to limit or quash the deposition of senior executives, courts focus on the deponent's unique personal knowledge and whether the relevant information can be obtained through less onerous methods.

Nonetheless, discovery is broad, and in cases involving decisions made at the highest level that affect the company's performance and profit, top-level executives (apex witnesses) may very well have unique personal knowledge sufficient to justify taking a deposition.

Counsel must prepare the apex witness for questions that assume knowledge that the witness does not have and balance all the strategic considerations of trial when deciding how to approach these depositions.

Listen as Philip J. Mohr, Partner at Womble Bond Dickinson (US), discusses the best strategies for preventing abuse of such depositions in federal and state court and best strategies for those needing to depose this distinct category of "apex" witnesses.

Outline

  1. What makes apex depositions different
  2. Strategies for parties deposing the apex witness
  3. Limiting or quashing the deposition
    1. Procedure
    2. Types of cases where apex witnesses required
  4. Preparing the apex witness

Benefits

The panelist will review these and other pivotal issues:

  • Should in-house or outside counsel manage the executive witness?
  • What strategies exist for assisting an executive who is not a good witness?
  • Will disclaiming knowledge of certain topics create credibility problems in court or the marketplace?