Our Insights on eDiscovery

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ACEDS Announces its New Leadership: eDiscovery Trends
 ACEDS Announces its New Leadership: eDiscovery Trends 300 300 CloudNine

Ever since the BARBRI Group announced back in July that Association of Certified E-Discovery Specialists (ACEDS) Executive Director Mary Mack and Vice President Client Engagement Kaylee Walstad were departing from their roles at the end of October, a lot of people in the eDiscovery community have been waiting to see who would take over leadership of ACEDS. We now have our answer.

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If You’re Going to Store Cookies, EU Court Says You Need the Users’ Active Consent: Data Privacy Trends
 If You’re Going to Store Cookies, EU Court Says You Need the Users’ Active Consent: Data Privacy Trends 569 372 CloudNine

After two weeks in Italy, of course my first post back had to be a post about Europe, right? ;o) Regardless, while I was out last week, a notable decision was announced by the Court of Justice of the European Union which might impact a few people (i.e., anyone from the EU who accesses websites).

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DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Six
 DOS and DON’TS of a 30(b)(6) Witness Deposition, Part Six 343 259 CloudNine

Here are some conclusions regarding the 30(b)(6) deposition process. In addition, here are 39 Rules for 30(b)(6) Depositions as set forth by Magistrate Judge Johnathon Goodman in his 2012 case ruling. Let’s take a look.

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Issuing the Hold is Just the Beginning: eDiscovery Throwback Thursdays
 Issuing the Hold is Just the Beginning: eDiscovery Throwback Thursdays 275 247 CloudNine

Last week, we discussed identifying custodians, preparing a written litigation hold, issuing the hold and tracking responses. Today, we’ll discuss interviewing hold notice recipients, follow up on notices, releasing holds when the obligation to preserve is removed and tracking all holds within an organization. Here are the rest of the best practices for implementing a litigation hold.

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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 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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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 CloudNine

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 CloudNine

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 CloudNine

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 CloudNine

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 CloudNine

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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