Charles Toutant

ZHP sought to invoke the Apex Doctrine, which seeks to limit depositions of individuals at the “apex” of a corporation based on the premise that lower-level employees are likely to have firsthand knowledge of the material facts, and that deposing the top executives of a corporation is likely to impose a significant burden.

I would not be surprised if what we see is maybe not a return quite back to the early 2010s sort of scores, but I wouldn't be surprised to see an upward shift, now that law school has become a bit more popular again, a bit more selective, said Brian Sheppard of Seton Hall University School of Law.

We are mindful that plaintiffs in employment cases are often confronted by sophisticated attorneys and that certain employment cases are complex in nature, both factually and legally. However, there are complexities in virtually every area of the law, the appeals court said.