CloudNine
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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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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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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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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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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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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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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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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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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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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