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Professional Practice Civil Procedure

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

3 Things to Know when Taking Depositions in Taipei (Updated)

by Planet Depos, LLC on

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host...more

Time for ILTACON 2017: eDiscovery Trends

by CloudNine on

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. ...more

8 Tips to Save Time & Money on Depositions (Updated)

by Planet Depos, LLC on

Who isn’t trying to be more economical these days? It seems everyone is tightening their belts just a bit. Law firms are no different, trying to cut costs for frugal clients looking for any expenses they can cut. ...more

ILTACON 2017 Preview Edition: eDiscovery Trends

by CloudNine on

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it is being held in Las Vegas (baby!) at the Mandalay Bay Hotel...more

Gearing Up for Battle - How to Prepare Your Deposition Witness Effectively

by JD Supra Perspectives on

When a witness' deposition has been noticed, it is important to educate the witness first about what to expect and what a deposition is. These are a few key pieces of information to share with a deponent and help set her...more

Test Your Searches Before the Meet and Confer: eDiscovery Replay

by CloudNine on

...Years 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...more

When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Replay

by CloudNine on

...When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key...more

5 Client Deposition Preparation Tips

by Planet Depos, LLC on

You have heard it many times: failure to plan means planning to fail. Depositions sometimes offer a poignant example of this maxim. Many lawyers schedule a deposition and do nothing more than notify their client of when...more

Improving your eDiscovery Vocabulary is as Easy as 123: eDiscovery Replay

by CloudNine on

...Want to be better equipped to speak the “lingo” of eDiscovery and understand what you’re saying? Here’s a glossary that can help....more

Other Production Parameters from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...Yesterday, we began to discuss some of the production parameters that CloudNine collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s...more

Third Circuit Revives In-House Attorney’s Whistleblower Claim

On July 25, 2017, the Third Circuit allowed a plaintiff who was an in-house attorney to proceed with a whistleblower retaliation lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA) based on its...more

Production from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential...more

Questions About FOIA and E-Discovery? Look No Further!

by Exterro, Inc. on

Corporations struggling under mountains of electronic data and rapid fire e-discovery requests may find solace in the fact that they don't have it nearly as bad as many government agencies answering requests under the Freedom...more

5 Keys to Coordinating International Depositions (Updated)

by Planet Depos, LLC on

Coordinating international depositions can be an expensive, time-consuming process. Working with a court reporting firm experienced in international depositions greatly reduces the time and expense law firms would encounter...more

Tips For Telephonic Depositions For Attorneys & Court Reporters

by Kramm Court Reporting on

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time. Here are some ideas on how...more

Planning for Depositions in Spain (Updated 2017)

by Planet Depos, LLC on

Planning for depositions in Europe can be challenging for a variety of reasons. Fortunately, coordinating depositions in Spain is not too different from planning depositions in the U.S. Spain is one of the parties to The...more

Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices

by CloudNine on

eDiscovery Assistant™ is a site developed by ESI Attorneys that was built by attorneys and information law practitioners to provide several resources to help people get started — faster and with confidence — in eDiscovery. ...more

The Class Action Chronicle - Summer 2017

This edition focuses on rulings issued between February 15, 2017, and May 15, 2017. It begins with an article on the federal judiciary beginning to take notice of issues surrounding third-party litigation funding and testing...more

The Challenge of Releasing Legal Holds and Disposing of ESI

by Exterro, Inc. on

On paper, releasing a legal hold seems fairly straightforward. A matter reaches a resolution, preservation obligations are lifted, the legal team informs custodians and data stewards that they are no longer required to retain...more

Indian E-Visas – Application Overview

by Planet Depos, LLC on

In a recent blog, we discussed some of the most challenging countries to take international depositions – one of which was the exotic nation of India. Besides requiring prior permission from the Indian Central Authority, all...more

Sure, No Keyword Before TAR, But What About Keyword Instead of TAR?: eDiscovery Best Practices

by CloudNine on

Last month, we discussed whether to perform keyword search culling before performing Predictive Coding/Technology Assisted Review (TAR) and, like many have concluded before (even a judge in FCA US, LLC v. Cummins, Inc.), we...more

[Webinar] Key eDiscovery Case Law Review for First Half of 2017 - July 26th, 12:00pm CT

by CloudNine on

The best predictor of future behavior is relevant past behavior. Nowhere is that truer than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. This CLE-approved*...more

That Was Random: eDiscovery Best Practices

by CloudNine on

This may be the shortest title ever in this history of this blog. In the first year of the blog’s existence (when we had a lot fewer subscribers and readers than we do now), we did a three part series on how to perform an...more

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

by Gray Reed & McGraw on

Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

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