Bow Tie Law

Procrastination and Objecting to the Form of Production Don’t Mix

May 22, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, Motion to Compel, Request for Production, TIFF

It is beyond cavil that this entire problem could have been avoided had there been an explicit agreement between the parties as to production, but as that ship has sailed, it is without question unduly burdensome to a party months after production to require that party to reconstitute their entire[…]

Guidance’s Computer Enterprise Investigation Conference 2009

May 21, 2009 Josh Gilliland Discovery, Personal Jurisdiction

D4 LLC exhibited at the Computer Enterprise Investigation Conference (CEIC) for the first time in Orlando on May 17-20, 2009. I have attended the show for the last four years and it was an honor to present again on e-Discovery. CEIC always brings together the most educated people on computer[…]

Is ONE Keyword Adequate for a Search?

May 21, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Magistrate Judge Facciola’s Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009) dealt with a very brief issue: Was one keyword adequate for the search of electronically stored information? Short answer: No In Asarco, the Plaintiff opposed a summary judgment motion and sought leave[…]

Who Delivers a Litigation Hold Notice to the Post Office?

May 18, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Spoliation

Procedural Overview A mail clerk sued the United States Post Office and settled her lawsuit 1999. The Plaintiff sued the Post Office again, claiming the Defendants engaged in a campaign of harassment. The Plaintiff brought a second lawsuit for violations of Title VII and breach of contract. Phillips v. Potter,[…]

Paper Chase 2.0: Posting Your Way to Personal Jurisdiction

May 15, 2009 Josh Gilliland Personal Jurisdiction

Doe I v. Ciolli, 2009 U.S. Dist. LEXIS 37625 (D. Conn. Apr. 30, 2009) is the tale of two female law students from Connecticut attending Yale Law School, who are suing thirty-nine pseudonymous names on a post-graduate admissions website (AutoAdmit.com). The students identified Defendant Matthew Ryan as “:D” from Texas, who brought a motion to dismiss for lack of subject matter and personal jurisdiction. Ciolli, 1-2.

Surfing for Personal Jurisdiction from Online Activity

May 13, 2009 Josh Gilliland Blogging, Discovery, e-Discovery, Personal Jurisdiction

The internet has made applying the traditional touchstones for personal jurisdiction challenging. Ever so slowly courts have addressed the personal jurisdiction questions in internet cases, to arrive at a point now where there may not be bright lines to guide us; but there are definitely guidelines emerging. U.S. District Court[…]

Producing Social Networking Profiles: What Court has Jurisdiction?

May 12, 2009 Josh Gilliland Deposition, e-Discovery, Electronically Stored Information, Email, ESI, Facebook, Social Networking

A Facebook user in Massachusetts was facing criminal charges in Massachusetts for criminal harassment and threats to commit a crime from Facebook messages. Skerry, 2009 U.S. Dist. LEXIS 38804, 1-2 (D. Cal. 2009). The Petitioner sought the emergency deposition of Facebook’s “recorder keeper” because of the concern Facebook periodically purged its information system. Skerry, 2-4.

Measure for Measure: Sexting, District Attorneys and Restraining Orders

May 11, 2009 Josh Gilliland ethics, Text Messages

Parenting has never been easy. Since cell phones starting having cameras, parents have had to talk to their teenage children about the dangers of “sexting.” For those who have never heard of this practice, it is taking photos of a sexual nature and sending them via text message. There is[…]

Name that Form of Production: Converting ESI to TIFF without Metadata is Not a Reasonably Useable Form

May 7, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Form of Production, Metadata, Native File, TIFF

Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2009 U.S. Dist. LEXIS 21250 (M.D. Fla. Mar. 4, 2009) is a lengthy opinion covering Rule 34 requests, form of production issues concerning metadata, reasonably useable form of production, ethical responsibilities for candor to the Court and Opposing Parties and sanctions. […]

Know Your Client’s ESI: You Really Don’t Want a Judge Saying, “This is Unacceptable”

May 1, 2009 Josh Gilliland Discovery, Duty of Care, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Request for Production

This may surprise a few people: There is another magistrate judge besides Judge Waxse writing ESI opinions in Kansas. Magistrate Judge Donald Bostwick issued an order granting in part and denying in part a motion to compel ESI in Patterson v. Goodyear Tire & Rubber Co., 2009 U.S. Dist. LEXIS[…]