Conspiracy – Bow Tie Law

Proving Conspiracies with Electronically Stored Information

December 14, 2009 Josh Gilliland Conspiracy, Electronically Stored Information, Email, ESI, ethics

There is no shortage of people utilizing technology to facilitate illicit or questionable actions. Below are two recent examples. Price Fixing Conspiracy In In re Static Random Access Memory Antitrust Litigation, the Plaintiffs alleged the Defendants engaged in a ten year conspiracy to fix and maintain artificially high prices for Static[…]

Admissibility of Email Strings and Co-Conspirator Emails

December 7, 2009 Josh Gilliland Conspiracy, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Hearsay

The Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law. Whether or not such discovery is admissible is another story. Park W. Radiology & Park W. Circle Realty v. Carecore Nat’l Llc, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009) is[…]

It Takes Two to Tango…and Form a Conspiracy over Text Messages

March 13, 2009 Josh Gilliland Conspiracy, Hearsay, Text Messages

A “conspiracy” is an “agreement by two or more persons to commit an unlawful act.” Black’s Law Dictionary, Pocket Edition, 1996. Like a tango dance, a conspiracy takes a partner. However, the number of people in a conspiracy can quickly make it look like a square dance, with everyone needing to[…]