Document Review – Page 4

Speedy Delivery: Compelling Imaging & Searching of Everything

October 15, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

In a contract dispute regarding a shipping vendor, the Plaintiff brought a motion to compel the collection and processing of the entire contents of Defendants’ hard drives, network drives, and user files. Unishippers Global Logistics, LLC v. DHL Express (USA), Inc., 2009 U.S. Dist. LEXIS 94844 (D. Utah Oct. 12,[…]

101 Bow Ties

September 3, 2009 Josh Gilliland Blogging, Discovery, Document Review, e-Discovery, Electronically Stored Information, ESI

My 101st post is different than any of my other postings to date: Here is the story behind the Bow Tie Law Blog and my thoughts on the practice of law. I have an amazing career. While I was at CT Summation, I traveled to Alaska, across Canada, met with[…]

Don’t Argue Imaginary ESI Production Problems

August 19, 2009 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, ethics, Form of Production, Metadata, Motion to Compel, Native File, OCR, TIFF

In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production arguments that illustrate the need to understand the processing abilities of electronically stored information applications and review in litigation support software. The Request for Production In this class certification case, the Plaintiff[…]

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.,[…]

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[…]

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. […]

Court Orders For Hosted Review Solutions: When the Judge Wants to See the Discovery Too

March 11, 2009 Josh Gilliland Document Review, e-Discovery, Hosted Review Platform

Funny thing about discovery: Sometimes, the Judge needs to see the electronically stored information too. However, most judges will not want a lawyer to swing by in a truck to drop off 80 bankers boxes of printed email and spreadsheets at the courthouse. It is also unlikely many Courts can[…]

I Fought the Law…The Government’s Discovery Obligations in Civil Litigation

March 2, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Motion to Compel, Request for Production

“Like any ordinary litigant, the Government must abide by the Federal Rules of Civil Procedure. It is not entitled to special consideration concerning the scope of discovery, especially when it voluntarily initiates an action.” Judge Scheindlin once again delivered a powerful opinion with SEC v Collins & Aikman Corporation 2009[…]

Court Orders OCR of Scanned Paper Documents, or Don’t Go to Court Claiming OCR will Cost $200,000

February 24, 2009 Josh Gilliland Discovery, Document Review, Form of Production, OCR, Request for Production, TIFF

“OCR, while perhaps not absolutely necessary to litigation, is a tool that greatly decreases the time and effort counsel must invest in searching and examining documents. Presumably, each party would perform the OCR process in a cost-effective manner to minimize their costs. Requiring the parties to incur this cost, when[…]

Whose Search Term is it Anyway?

February 23, 2009 Josh Gilliland Discovery, Document Review, Form of Production, Motion to Compel, Request for Production, Search Terms, Uncategorized

In Spieker v. Cherokee, 2008 U.S. Dist. LEXIS 88103 (D. Kan. Oct. 30, 2008), the parties became entangled in a dispute over who created search terms for a set of specific discovery requests. The Plaintiff had served the Defendant with specifically defined Federal Rule of Civil Procedure Rule 34 requests[…]