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.
Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: eDiscovery Case Law
Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: eDiscovery Case Law 479 270 Doug Austin

In the case In Re: Apple Inc., California District Judge Edward J. Davila denied the plaintiffs’ motion to modify the Special Discovery Master order that authorized the forensic imaging of devices belonging to 10 of the more than 90 named plaintiffs in order to allow Apple’s outside experts to performance test the devices, finding that “Apple’s interest in performance testing the forensic images outweighs Plaintiff’s privacy interest because Plaintiffs put the performance of the devices at the center of the lawsuit”.

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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 Doug Austin

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 Tom O'Connor

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 Doug Austin

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 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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