Episode 62 -A Tool for Motivating Deponents to Reveal What They Know, Without Fearing Retaliation

In this episode, Jim Garrity shares a valuable tool for protecting the identities of nonparty deponents and, in the process, protecting their careers, reputations, and families. A deponent who sees that you've taken steps to protect them is a deponent likely to tell you everything they know. Be sure to check out the show notes, as always, for citations supporting the observations in this episode. Please note that not all sites where our podcasts are available will show you the entire list of authorities. If the list you see looks like it's incomplete, click through to our homepage, where you'll be able to get the complete set of citations. Thanks for listening!SHOW NOTESMemorandum of Points and Authorities in Support of Plaintiff’s Motion to File Documents Under Seal, In Re: BofI Holding, Inc. Securities Litigation, CM/ECF Document 239-1, Case No. 3:15-CV-02324-GPC-KSC (S. D. Cal. filed August 13, 2021) (pages 2-5)Memorandum of Points and Authorities in Support of Plaintiff’s Motion to File Document Under Seal, In Re: BofI Holding, Inc. Securities Litigation, CM/ECF Document 208-1, Case No. 3:15-CV-02324-GPC-KSC (S. D. Cal. filed August 15, 2021) (pages 2-5)Order Granting in Part and Denying in Part Joint Motion for Determination of Discovery Dispute No. 3 and Granting Motion to Seal, In Re: BofI Holding, Inc. Securities Litigation, CM/ECF Document 227, Case No. 3:15-CV-02324-GPC-KSC (S. D. Cal. filed July 27, 2021) (noting that “retaliation is also a significant concern, as employees often rely on connections with, and recommendations or introductions from, former employers throughout their careers”)Order Reversing in Part the Magistrate Judges Order Granting Motion for Determination of Discovery Dispute, CM/ECF Document 80, Case No. 3:15-CV-02324-GPC-KSC (S. D. Cal. filed November 30, 2016)Plumbers & Pipefitters Local 572 Pension Fund, 2005 WL 1459555 at *7 (noting that “former whistleblowing employees may be subjected to harassment by new employers or dampen their job-searching efforts”)Federal Trade Commission v. AAFE Products Corporation, No. 17-cv-00575-AJB-JMA, 2017 WL 3721695 at *1 (S. D. Cal. August 29, 2017) (sealing names and residential addresses of nonparties)Barnes v. Hershey Company, No. 3:12-CV-01334-CRB, 2015 WL 1814293 at 2-3 (N. D. Cal. April 21, 2015) (“The Court is satisfied that the requested reductions are narrowly tailored to remove only the identities of two of Plaintiffs former employees… Disclosure of this information would infringe the[ir] privacy rights…which constitutes a compelling reason for sealing”)