Josh Gilliland

How to Get Kicked Out of Law School on Facebook

July 17, 2009 Josh Gilliland Facebook, First Amendment

Activities on Facebook, YouTube or any social networking site can land you in trouble. People do not have a blank check to do anything online. Key v. Robertson, 2009 U.S. Dist. LEXIS 51092, (E.D. Va. June 5, 2009) is an example of this situation. When Facebook Goes to a Law[…]

Spoliation is a “Grimm” Business

July 16, 2009 Josh Gilliland Litigation Hold, Search Terms, Spoliation

Magistrate Judge Grimm is no stranger to watershed opinions…and on occasion the 100 page a law review article disguised as an opinion on the admissibility of electronically stored information. Goodman v. Praxair Servs., 2009 U.S. Dist. LEXIS 58263 (D. Md. July 7, 2009) is Judge Grimm’s recent opinion on litigation holds,[…]

Swimming in the Deep End: Treading Water in e-Discovery Cases

July 14, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, OCR, Request for Production

This motion centers on electronic discovery. The proper handling of electronic discovery is a new and developing area of law practice. The Federal Rules first addressed electronic discovery in 2006 and the Local Rules of this court have yet to provide any guidance on electronic discovery. Therefore, the court appreciates[…]

Keep on Trucking: Data Productions or Summaries

July 13, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production

The Plaintiffs in Flying J, Inc. v. Pilot Travel Ctrs. LLC brought a motion to compel discovery request for data pertaining to trucker fuel card transactions and for the producing party to create a separate monthly report. Flying J, Inc. v. Pilot Travel Ctrs. LLC, 2009 U.S. Dist. LEXIS 55283,[…]

What Should be the Ordinary Course of Business: Reviewing ESI in Litigation Support Software

July 7, 2009 Josh Gilliland CT Summation, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Metadata, Motion to Compel, Request for Production

The Defendants in Valeo Elec. Sys. v. Cleveland Die & Mfg. Co., brought a motion to compel the Plaintiffs to organize their electronically stored information production into 28 specific categories to match the Defendants’ discovery requests. The Defense motion was denied. Valeo Elec. Sys. v. Cleveland Die & Mfg. Co.,[…]

Coffee, Donuts and a Meet & Confer on Electronically Stored Information

July 6, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Dunkin’ Donuts sued to terminate a franchise agreement on the basis the Defendants breached their contract by erroneously reporting employee wages on an IRS W-2 Form and trademark infringement. Dunkin’ Donuts Franchised Rests. LLC v. Grand Cent. Donuts, Inc., 2009 U.S. Dist. LEXIS 52261, 4-5 (E.D.N.Y. June 19, 2009). The[…]

An Email State of Mind: Confessions of an Online Fraudaholic

July 3, 2009 Josh Gilliland Admissibility, Criminal Procedure, Email, Hearsay

A Criminal Defendant maintained an online business that was a shame: Orders were made and money paid, but the items ordered were either not sent or non-conforming goods instead. This is all fun and games for the Defendant until an undercover FBI agent placed orders in a sting operation. The[…]

Juror Misconduct: When the Judge Says Don’t Talk About the Case, that Includes Facebook & Twitter

June 30, 2009 Josh Gilliland Blogging, Facebook, Jury Blogging, Jury Disqualification, Social Networking

Who knew 140 characters, a few status messages, and tags could play a big role in a court opinion hitting juror misconduct? It is not a huge surprise in a criminal case involving politics, money and fraud. A Little Background: The Criminal Case against the Defendants Multiple Defendants were charged[…]

Admissibility of Text Messages: Challenging Authenticity

June 25, 2009 Josh Gilliland Admissibility, Text Messages, Trial

A criminal defendant appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn. Ct. App. 2009). The Defendant’s key argument at trial was challenging his victim’s credibility as the only witness to[…]