Thursday, June 25, 2009

Deposition of Plaintiff's Trial Counsel Permitted Where Counsel Served on Plaintiff's Board and was Involved in Certain Day-to-Day Operations

Plaintiff's motion for a protective order precluding the deposition of trial counsel, who is also on plaintiff's board of directors, was denied. "Defendants have shown, based on testimony of Plaintiff’s officers, that [the witness] has been involved in the day-to-day business of Plaintiff and is therefore likely to have discoverable, non-privileged information. Defendants have shown that such information is likely to be crucial to the preparation of their case."

Datatreasury Corporation v. Wells Fargo & Company et al, 2-06-cv-00072
(TXED June 23, 2009, Order) (Folsom, J.)

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