Judge has ordered Apple’s CEO Tim Cook to face a seven-hour deposition against the ongoing litigation with Epic Games Case. Epic Games are the creators of the very famous games named “Fortnite”.
Court documents revealed that Epic Games originally wanted to depose Tim Cook for eight hours but Apple had invoked the apex doctrine, a specific rule that prevents high-level corporate employees from being deposed, but later offered a four-hour deposition for Cook instead as a concession.
Judge Thomas Hixon states that “Epic and Apple’s dispute is less than meets the eye” and the apex doctrine only “limits the length of a deposition, rather than barring it altogether.”
Hixon said that the real question is whether Tim should be deposed for “four hours, eight hours, or some length of time in between,” but had to consider and make a practical decision since there is no legal basis or principle for this very specific conclusion
Hixon came to a decision on a seven-hour deposition and said the time frame was “the default rule of how long a witness must suffer being deposed”.
“There is really no one like Apple’s CEO who can testify about how Apple views competition in these various markets that are core to its business model,” Hixon stated. “The antitrust claims presented here implicate the competition the company faces and important aspects of its business model. The CEO’s understanding of these subjects is almost by definition unique and non-repetitive.” he added.
On the contrary, Judge Hixon did say that a “deposition of longer than seven hours is unjustified.”