Phillip Philbin in Litigation Daily: Zuckerberg in the Hot Seat - Quest to Depose the Facebook CEO

March 11, 2016

On the list of things that Mark Zuckerberg doesn’t want to do, being deposed apparently ranks high.

Lawyers from Cooley who represent the Facebook founder, chairman and CEO are pushing hard to keep him from being grilled in a high-stakes IP fight over breakthrough virtual reality technology known as the Oculus Rift.

But even billionaires can’t sidestep the federal rules of civil procedure forever...

“Defendants are not entitled to a protective order permitting Mr. Zuckerberg to avoid a deposition simply because he is the CEO of defendant Facebook,” wrote Haynes and Boone partner Phillip Philbin and Skadden’s Sammi, an IP litigation partner.

They pointed out that Zuckerberg has spoken about his role in the underlying transaction with journalists. “If Mr. Zuckerberg can find time to talk to Vanity Fair, he can find time to talk to ZeniMax's counsel as well,” they wrote.

Excerpted from AmLaw Litigation Daily. Read the full article (subscription required).