Deposition – Page 2 – Bow Tie Law

The Plumbing of a Motion to Compel

June 15, 2009 Josh Gilliland Culling, Deposition, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Motion to Compel, Processing, Request for Production

In a product defect case about brass plumbing fittings, the Defendants fought a motion to compel electronically stored information relevant to class certification, because of undue burden and cost. They lost…in large part. In re Zurn Pex Plumbing Prods. Liab. Litig., 2009 U.S. Dist. LEXIS 47636, 1 (D. Minn. June[…]

Follow the Court Order: If You are Ordered to Produce Searchable PDF’s, Don’t Produce TIFFs without Searchable Text

June 12, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Motion to Compel, Request for Production, TIFF

Gamesmanship is the harbinger of bad lawyer reputations. Not obeying Court orders can be the death warrant on how the judge will view you every time you appear in her courtroom. One can imagine how things will go for a party when this is the opening line of an opinion:[…]

Dirty Law: Cleaning Up a Spoliation Mess

June 2, 2009 Josh Gilliland Deposition, e-Discovery, Electronically Stored Information, ESI, Litigation Hold, Spoliation

Innis Arden Golf Club v. Pitney Bowes, Inc., 2009 U.S. Dist. LEXIS 43588 (D. Conn. May 21, 2009) is a polychlorinated biphenyls (“PCBs”) clean up case. Unfortunately, the clean up efforts included getting ride of evidence that resulted in sanctions for the Plaintiff, Innis Arden Golf Club.

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.

Back on the Record: Tips on Deposition Preparation with Technology

January 21, 2009 Josh Gilliland CT Summation, Deposition, Discovery, Document Review, e-Discovery

I have taken and defended a good number of depositions. Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script. Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation[…]

Mock Motion in Limine Arguments to Exclude ESI

January 19, 2009 Josh Gilliland CT Summation, Deposition, Discovery, e-Discovery, Mock Trial, Native File, Trial

Michael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20th, 2008. The Best Practices Summit included a mock motion in limine hearing. In the fictional case, the[…]

SURPRISE! First Amendment e-Discovery Objections!

January 15, 2009 Josh Gilliland Blogging, Deposition, Discovery, First Amendment

The Discovery of Electronically Stored Information has many surprises, ranging from stating the form of production, the inadvertent production of privileged material and defensible search terms. A very surprised lawyer fought a First Amendment objection they probably did not see coming during a deposition. In Quixtar Inc. v.[…]

Deposition Review with CT Summation iBlaze Color Highlighting

January 9, 2009 Josh Gilliland CT Summation, Deposition, Document Review, e-Discovery

You can open my old Civil Procedure course book and see I usually highlighted cases with three colors: Blue for the “Issue,” orange for “Rule,” yellow for “Analysis” and a note in the margin for the “Conclusion” (IRAC for the non-lawyers). Law students have been highlighting and writing in textbooks[…]