Document Review – Page 3

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[…]

Production of Metadata and the Importance of the Meet & Confer Process

February 21, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Form of Production, Metadata, Motion to Compel, Native File, Request for Production, Uncategorized

This lawsuit demonstrates why it is so important that parties frilly discuss their ESI early in the evolution of a case. Had that been done, the Defendants might not have opposed the Plaintiffs’ requests for certain metadata. Moreover, the parties might have been able to work out many, if not[…]

Discovery Production Workflow: Lessons from Magistrate Judges Facciola & Grimm

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

In my prior posting Playing with Fire: Producing ESI as Paper we looked at the dangers of producing ESI as paper. In addition to the legal analysis, Judge Facciola outlined a workflow for the parties in Covad Communications Company v. Revonet, Inc. The Defendants represented to the Court that it[…]

Playing with Fire: Producing ESI as Paper

January 30, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Form of Production, Motion to Compel, Request for Production

“…Revonet’s producing the e-mails only in hard copy played with fire. ” Magistrate Judge John Facciola, Covad Communications Company v. Revonet, Inc. I have blogged on parties failing to state a form of production in prior postings and producing parties attempting to produce ESI as paper or non-searchable TIFFs. In[…]

One Pesky Requirement for a Motion to Compel e-Discovery

January 10, 2009 Josh Gilliland Discovery, e-Discovery, Metadata, Motion to Compel, Native File, Request for Production

There is no shortage of case law on motions to compel native files, metadata and all things dealing with the form of production. However, there is one basic requirement for a motion to compel: You have to have a request for production first. Most motion to compel train wrecks[…]

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[…]

e-Discovery: Not like Reviewing a Box of Paper

January 7, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Request for Production

Treating e-Discovery review the same as a paper-based document review runs the risk of shattering the litigation process. In Oracle v. SAP, 2008 U.S. Dist. LEXIS 88319, the estimated cost of reviewing 165 custodians was projected as $16.5 million. This included the defendants employing more than fifty contract attorneys and[…]