Imaging Hard Drives – Page 2

Sanctions for Spoliation Are Not Made on Hunches

October 25, 2010 Josh Gilliland Electronically Stored Information, Email, ESI, Imaging Hard Drives, Search Terms

In an employment discrimination case, the Defendant claimed the Plaintiff intentionally destroyed data off her personal computer and audio tapes. The Defendant sought the dismissal of the Plaintiff’s lawsuit and claimed they had spent $150,000 because of the alleged discovery violations. Coburn v. PN II, 2010 U.S. Dist. LEXIS 110613[…]

Fishing Expeditions in Cell Phone & Hard Drive Collection

July 23, 2010 Josh Gilliland Electronically Stored Information, ESI, Imaging Hard Drives

In a wrongful death case, the Plaintiffs sought “any and all” computer hard drives and cell phones from the Defendant within 24 hours of the incident in the lawsuit to the “present.” Holland v. Barfield, 35 So. 3d 953 (Fla. Dist. Ct. App. 5th Dist. 2010). A Grand Fishing Expedition[…]

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,[…]

Production Madness: The Covad Story Continues with New ESI Pitfalls

August 31, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Imaging Hard Drives

Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live. Magistrate Judge John M. Facciola, Covad Communs.[…]

Compelling Production of Hard Drives & Metadata to Show Time Worked

June 23, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

The Defendants in a disability suit brought a motion to compel for the following ESI from the Plaintiff: (1) The Plaintiff’s desktop computer hard drive; (2) Any computer hard drive the Plaintiff used for business from March 23, 2005 until the present; and (3) All business computer storage media from[…]

The Return of Covad Communications: Forensic Imaging of Databases & Email Servers

June 17, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

Magistrate Judge Facciola’s “Christmas Eve” opinion now has a sequel: Covad Communs. Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 47841 (D.D.C. May 27, 2009). This opinion is very detailed covering issues of forensic examinations, email servers and commentary on retention policies. I encourage lawyers to look at this opinion. […]

Reckless Abandon: Lost Hard Drives and Sanctions

June 10, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Litigation Hold

In complex commercial litigation today, virtually all discovery involves electronic discovery to some extent. It also is well known that absent affirmative steps to preserve it, at least some electronically stored information (“ESI”) is likely to be lost during the course of litigation through routine business practices or otherwise. These[…]

What Litigation Hold? Failing to Image Hard Drives and Other Discovery Mistakes

May 27, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives, Litigation Hold, Request for Production, Spoliation

Plunk v. Vill. of Elwood, 2009 U.S. Dist. LEXIS 42952 (N.D. Ill. May 20, 2009) is a civil rights case with a summer time trial date against a local government, village officials and the police department. The Plaintiffs took the Defendants to task for failing to image six hard drives[…]

The Express Way to Your Hard Drive

March 30, 2009 Josh Gilliland e-Discovery, Imaging Hard Drives, Request for Production

Inspection or testing of certain types of electronically stored information or of a responding party’s electronic information system may raise issues of confidentiality or privacy. The addition of testing and sampling to Rule 34(a) with regard to documents and electronically stored information is not meant to create a routine right[…]