Citing inherent disclosure of privileged information, in-house lawyers routinely fight adversaries’ attempts to depose them. And most lead with the Shelton doctrine, which permits opposing lawyers’ depositions in limited circumstances—where the information sought is relevant, non-privileged, crucial to the case, and unavailable from other sources.
But the USDC for the SD of Florida added a different basis—that a company’s VP & General Counsel is a “high-ranking corporate officer” further protected from a deposition under the Apex doctrine. Tillman v. Advanced Public Safety, Inc., 2017 WL 679980 (S.D. Fla. Feb. 16, 2017). You may read the decision here.