Posted on November 4, 2015 by CEB
The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.
In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.
Filed under: Civil Litigation, Discovery, Employment Law, Legal Topics | Tagged: Bring Your Own Device, BYOD, e-discovery, employers and employees, workplace policies | Leave a comment »
Posted on October 30, 2015 by Julie Brook, Esq.
If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: deposition notice, discovery, litigation, persons most knowledgeable, PMK | 2 Comments »
Posted on September 30, 2015 by Julie Brook, Esq.
Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil litigation, discovery, discovery plan, discovery requests, responding to discovery | Leave a comment »
Posted on September 2, 2015 by Julie Brook, Esq.
Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a trademark case have found out the hard way. Plus you have an ethical duty to competently handle e-discovery—including bringing technical consultants on board when needed. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: data custodian, discovery request, e-data, e-discovery, electronic data, request for production | 2 Comments »
Posted on July 20, 2015 by Julie Brook, Esq.
In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Personal Injury, Tort Law | Tagged: damages, deposition, discovery, expert witness, medical records, medical testimony, opinion testimony, personal injury, treating physician | Leave a comment »
Posted on July 8, 2015 by Julie Brook, Esq.
With a written demand for inspection or production, a party can get the opposing party to produce documents or things for inspection, copying, testing, and sampling. CCP §2031.010. This can be a powerful discovery tool with at least five advantages over other discovery methods. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, New Lawyers | Tagged: demand for inspection, demand for production of documents, discovery, litigation, pretrial matters, production demand | Leave a comment »
Posted on May 27, 2015 by Julie Brook, Esq.
Every case is different, but there are some questions you should ask in most every deposition. Know your routine questions and use them. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: attorney, deponent, deposition, discovery, litigation, questioning, witness | 1 Comment »