In a matter of first impression before the Second District Court of Appeal, BLHT successfully prevailed in protecting a high-level corporate official from being deposed under the Florida Supreme Court’s recent adoption of Florida Rule of Civil Procedure 1.280(h). Under the new discovery rule (also known as the APEX Doctrine), high-ranking corporate officials are not required to sit for depositions (which are quite often harassing, burdensome, and disruptive to corporate operations) when they lack unique, personal knowledge of matters at issue in the litigation. In DecisionHR USA, Inc. v. William Mills, III, et al, the Second District Court of Appeal unanimously agreed with BLHT’s attorneys, Maria Babajanian and Ethan Loeb, by ruling that the Firm’s client should not be forced to sit for deposition.
