Electronically Stored Information – Page 5

All You Need is Metadata

February 14, 2012 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Metadata, Native File

When it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata. In the event ESI needed to be redacted or was[…]

Printing ESI & Scanning It Is Not OK

January 27, 2012 Josh Gilliland Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server. Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]

There is Only One Way to Rock Search Terms

December 28, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

In Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]

Misadventures in Searching Unallocated Space

December 16, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

The parties in I-Med Pharma Inc. v. Biomatrix, Inc., stipulated to the search of the Plaintiff’s computer system by the Defendants’ forensic expert. I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). The expert ran a combination of approximately 60 keywords, including French words, keywords[…]

Cross Spoliation Claims for Lost Video & Witness Statements

December 9, 2011 Josh Gilliland ABA Journal Blawg 100, e-Discovery, Electronically Stored Information, Facebook, Spoliation

In Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180 (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]

Failing to Show Undue Burden in Cost Shifting for Native File Production

November 11, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, Native File, Undue Burden

In Sundown Energy, L.P. v. Haller, the Defendant (Requesting Party) brought a motion to compel the Producing Party to produce electronically stored information in native file format. The Defendant had specified “native format” as the form of production in their request for production. Sundown Energy, L.P. v. Haller, 2011 U.S.[…]

Broken Hearted Early Discovery

November 4, 2011 Josh Gilliland e-Discovery, Early Discovery, Electronically Stored Information, ESI, Stored Communications Act

In a case involving alienation of affection, the Plaintiff sought early discovery on third party electronic communication service providers. Dockery v. Horvath, 2011 U.S. Dist. LEXIS 124997, 2-3 (S.D. Miss. Oct. 27, 2011). The case was in procedural limbo, because the Defendants were in New York state, had not filed[…]

Reasonable Particularity in Requesting ESI

August 29, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI

In an age discrimination suit, a Plaintiff’s motion to compel discovery was denied by a Magistrate Judge on the grounds the requests were overboard. The Plaintiff challenged Magistrate’s order. The District Court found the requests were also overboard. Doubt v. NCR Corp., 2011 U.S. Dist. LEXIS 95518, 11-12 (N.D. Cal.[…]

Arguing $2,630 is Undue Burden to Search ESI

August 24, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B). Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

Hitting the “Unlike” Button on Expedited Discovery

August 22, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Expedited Discovery

Facebook sued Named and Unnamed Defendants for trademark infringement. The Plaintiff sought expedited discovery from the Named Defendants to identify the Unnamed Defendants in support of later filing a motion for a preliminary injunction. Facebook, Inc. v. Various, Inc., 2011 U.S. Dist. LEXIS 64539, 6-9 (N.D. Cal. June 16, 2011).[…]