Episode 78: Lessons from the Front Lines: Why Google Couldn't Prevent the Apex Deposition of CEO Sundar Pichai

In this Lessons from the Front Lines episode, Jim Garrity analyzes Google's opposition to the deposition in a class action of its highest-level official, Sundar Pichai. The fight, which ended in a December 27, 2021 ruling allowing the deposition, implicates the judicially-created "apex witness" doctrine. That doctrine holds that depositions of top corporate, elected, and other government officials - those at the apex of their organization - should be discouraged or even prohibited unless the movant can satisfy the elements of the apex deposition test. As always, relevant case cites are in the show notes. And if you'd like the free bonus PDF containing the filings by Google and the plaintiffs on this issue, email us at [email protected]. In the subject line, make clear you're asking for the Episode 78 bonus PDF. Thanks!SHOW NOTES:Joint Submission Re: Deposition of Google Officer Sundar Pichai, Brown et al. v. Google LLC, Case No. 5:20-cv-03664-LHK, Doc. 365 (S. D. Calif. Dec. 27, 2021) (jointly-submitted letter brief containing factual and legal arguments for and against apex deposition of Alphabet and Google CEO, but limiting deposition to two hours)Order Regarding Deposition of Sundar Pichai, Brown et al. v. Google LLC, Case No. 5:20-cv-03664-LHK, Doc. 365 (S. D. Calif. Dec. 27, 2021) (allowing apex deposition of Alphabet and Google CEO, but limiting deposition to two hours)Affinity Labs of Texas v. Apple, Inc., 2011 WL 1753982, at *15-16 (N. D. Calif. May 9, 2011) (rejecting efforts to depose Apple CEO Steve Jobs where other witnesses were produced with firsthand knowledge)Computer Acceleration Corp. v. Microsoft Corp., 2007 WL 768-4605 (E. D. Texas June 15, 2007) (rejecting efforts to depose Microsoft CEO Bill Gates, where he merely directed and encouraged employees to focus on a specific issue)Anderson v. County of Contra Costa, 2017 WL 930315 at*4 (and. D. Calif. March 9, 2017) (rejecting request for apex deposition, directing plaintiffs to first depose a corporate representative on key topics and, if necessary, to then meet and confer about the necessity and scope of an apex deposition)