This CLE will be held in person at the Columbus Bar Association.

3.0  CLE Credit Hours

Great drama and tension come together when one party gives notice it will be taking the deposition of its opponent’s President or CEO. In the profession, we call this an Apex deposition. An APEX deposition is one of the most critical and trying moments in business litigation—it is when a party subpoenas and uses the power of the Court and its rules to try to decapitate an opponent’s case by going after the corporation’s highest officer.

A flurry of opposing Motions is inevitable with the first motion designed to stop the process from going forward altogether. Legal costs rise quickly. This CLE is designed to help practitioners, at all levels of experience, navigate through the gauntlet of an Apex deposition’s trials and emotions. We will present the “nitty gritty” of the court rules that must be followed to bring or defend an Apex deposition and will provide practical tips and advice from experienced litigators.

Specifically:

• We will discuss in depth the strategy of opposing sides

• You will learn the ins and outs of the rules, Court procedures and mandatory conferences with counsel and Court

• We will share strategy on how to protect your corporate executive from unreasonable discovery

• You will learn how to argue to the Court why it’s important and necessary to allow you to proceed with the executive’s deposition

• We will share what’s involved in a meet and confer conference and how to define the scope of the deposition

• You will learn acceptable ways to review voluminous documents

Presenters

James C. Carpenter, Isaac Wiles

Known for his tenacious advocacy for his clients’ interest, and with nearly 50 years of trial experience, Jim Carpenter has been helping Ohio businesses navigate complex litigation matters and disputes. Best Lawyers has awarded him “Lawyer of the Year” multiple times, including many “Bet The Company Litigation” recognitions. His decades of experience in business law matters allows him to get to the heart of the issue quickly, help clients control and manage the cost of litigation, and devise a solid solution based on business principles. Beyond handling complex business disputes, Jim’s practice includes representing clients in industries such as financial services, construction, real estate, and industrial and manufacturing. He also represents corporate management teams and boards of directors regarding their legal and fiduciary duties.

Marion H. Little, Jr., Zeiger Tigges & Little LLP

With over 36 years of experience in complex commercial litigation, Marion Little represents clients in business and commercial law matters, with a special focus in legal malpractice defense, securities claims and family and corporate governance disputes. With a reputation for vigorous and innovative representation, Marion has built a roster of clients ranging from large corporations and high-ranking government officials to high net-worth families. As a trial attorney, his representations include matters involving both substantial financial and reputational concerns. Marion is ranked by Chambers USA in Band 1 for commercial litigation, which is the highest ranking possible and held by only nine Ohio practitioners. 

Rebecca Schrote, BakerHostetler

Rebecca is an accomplished litigation attorney at BakerHostetler in Columbus, Ohio. She specializes in resolving high-stakes business, financial services, and intellectual property disputes. As an award-winning journalist, Rebecca has a unique ability to develop thoughtful resolution strategies and advance persuasive arguments on behalf of her clients. Rebecca advises clients across numerous industries, including information technology, finance, retail, manufacturing, energy, construction, healthcare, and insurance.