Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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 150 150 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 150 150 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 150 150 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 150 150 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 150 150 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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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 150 150 CloudNine

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 150 150 CloudNine

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 CloudNine

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 150 150 CloudNine

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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Today’s Webcast Will Show You How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts
 Today’s Webcast Will Show You How to Think Like a Millennial When Addressing eDiscovery Needs: eDiscovery Webcasts 150 150 CloudNine

As we learned in Tom O’Connor’s recent five part blog series, millennials may be changing eDiscovery (depending on your point of view). Regardless, eDiscovery is changing and millennials may be a BIG part of that change. TODAY’S webcast will help you think like a millennial to address your eDiscovery needs.

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