But Whinstone points to a number of reasons why Mr. Kumagai is far from an “apex” executive. Whinstone says that he was the signatory of an agreement for a Texas mining deal, was “down in the weeds” in the execution of GMO’s American mining operations, and shared over 100 emails directing how the business should be run.The more unusual argument in the case comes from GMO, which tried to prevent Mr. Kumagai from being deposed on the basis that he holds a position protected by the so-called “apex doctrine”. T ...