Russell Reynolds Associates, Inc. v. Usina

Background

Defendant Nadezda Usina moved to compel the deposition of Plaintiff Russell Reynolds Associates, Inc.’s chief executive officer, Constantine Alexandrakis, before the May 18, 2023 preliminary-injunction hearing. The court also reviewed supplemental submissions concerning whether recent depositions of Russell Reynolds employees Kimberly Archer and Renee Bell affected the request.

Legal standard

The court explained that requests to depose a senior corporate officer—sometimes called an “apex witness”—receive special scrutiny because of possible business disruption and harassment. But the court also noted that barring such a deposition requires compelling circumstances. Relevant considerations include whether the officer likely has relevant knowledge, whether another source can provide the same information, the possibility of harassment, and potential business disruption.

Court’s reasoning

The court found that the parties’ submissions did not show that Alexandrakis lacked relevant information or that his information duplicated Archer’s and Bell’s testimony. Instead, the depositions and related exhibits suggested that Alexandrakis had unique knowledge about one-on-one meetings and conversations relevant to Russell Reynolds’s preliminary-injunction motion. Those subjects included representations by executives to company employees that Usina had allegedly solicited Russell Reynolds coworkers, and the possible role of those representations in Russell Reynolds’s decision to file suit.

Disposition

The court GRANTED Defendant’s motion to compel Alexandrakis’s deposition. It allowed Usina to depose him for one and a half hours. The court directed the Clerk of Court to terminate ECF Nos. 54, 75, and 76. This order addressed discovery and did not resolve the merits of the preliminary-injunction request or the underlying lawsuit.