eDiscovery Daily Blog

In addition to its software and professional services, CloudNine also provides extensive education to eDiscovery practitioners as highlighted by its publication of the eDiscovery Daily Blog. Authored and edited by industry expert Doug Austin, the eDiscovery Daily is the go-to resource for thousands of eDiscovery and eDisclosure professionals seeking to keep up with the latest news and case law in the world of digital discovery.
DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Five
DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Five 343 259 Tom O'Connor

There are a number of strategies to consider to help ensure a proper and successful 30(b)(6) deposition. Let’s take a look.

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Court Denies Sanction Request for Attorney Who Hung Up on Opposing Counsel One Time: eDiscovery Case Law
Court Denies Sanction Request for Attorney Who Hung Up on Opposing Counsel One Time: eDiscovery Case Law 479 270 Doug Austin

In Ewing v. Aliera Healthcare, California Magistrate Judge Linda Lopez denied the plaintiff’s motion for sanctions for “rudely and unprofessionally” hanging up on the plaintiff during a call that defendant’s counsel made to the plaintiff to cancel a meet and confer appointment.

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DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Four
DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Four 343 259 Tom O'Connor

In this part, we’ll explore some of the common mistakes associated with preparation for 30(b)(6) witness depositions. Let’s take a look.

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DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Three
DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Three 343 259 Tom O'Connor

The current Rule provides little guidance on how much notice is required, how a 30(b)(6) deposition counts towards the limit and duration of depositions, the presumptive limit on the number of deposition topics and the process for objecting to, and resolving disputes about, the scope of a notice. With that in mind, the Advisory Committee on Civil Rules began considering a variety of changes to the Rule beginning in April 2016. Let’s take a look at those.

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Hold It Right There!: eDiscovery Throwback Thursdays
Hold It Right There!: eDiscovery Throwback Thursdays 275 247 Doug Austin

When we review key case decisions every year related to eDiscovery, the most case law decisions are almost always those related to sanctions and spoliation issues. Most of the spoliation sanctions were due to untimely or inadequate preservation of the data for litigation. Even if the party reacts in a timely manner to take steps to preserve data through a litigation hold, but executes those steps poorly, data can be lost and sanctions can occur. Here are some best practices for implementing a litigation hold.

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DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Two
DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Two 343 259 Tom O'Connor

Notice that the rule requires simply that the responding party must designate someone to testify on behalf of the business entity and not that the requesting party can specify the identity or even the position in the organization of the witness. We’ll discuss these and other initial considerations today.

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Craig Ball is “That Guy” Who Keeps Us Up to Date on Mobile eDiscovery Trends: eDiscovery Best Practices
Craig Ball is “That Guy” Who Keeps Us Up to Date on Mobile eDiscovery Trends: eDiscovery Best Practices 310 447 Doug Austin

So many topics, so little time (again). In our webcast about millennials and their impact on eDiscovery last week, Tom O’Connor and I spent a lot of time talking about how millennials are quick to embrace new technology and certainly there have been few technology areas of growth like mobile device use. They’re everywhere and used by (seemingly) everybody and used (seemingly) all day long. Texts are the new emails, which means they have considerable importance from an eDiscovery perspective. So, who should you go to if you want to stay apprised of mobile eDiscovery trends? Craig Ball is “that guy”.

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DOS and DON’TS of a 30(b)(6) Witness Deposition
DOS and DON’TS of a 30(b)(6) Witness Deposition 343 259 Tom O'Connor

30(b)(6) depositions are a large part of many eDiscovery matters with many considerations about how to work with a witness, get the proper information and best practices for framing and answering questions. This series will look at the DOS and DON’TS of 30(b)(6) witness depositions in terms of preparation and execution.

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Nine is Divine! eDiscovery Daily is (Cloud)Nine Years Old!
Nine is Divine! eDiscovery Daily is (Cloud)Nine Years Old! 400 400 Doug Austin

Our “nine clouds” logo is making a one-day comeback! If you read our blog yesterday, you probably noticed that our Throwback Thursday post was from the day eDiscovery Daily was launched. That was nine years ago today!

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Don’t Get “Wild” with Wildcards: eDiscovery Throwback Thursdays
Don’t Get “Wild” with Wildcards: eDiscovery Throwback Thursdays 406 560 Doug Austin

A while ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let’s take a look.

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