Litigation Support – Bow Tie Law

Undue Burden Arguments Must Be Specific, Not Speculative

March 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

Seger v. Ernest-Spencer Metals is the story of an industrial accident where the Plaintiff suffered serious bodily injury. In the ensuing discovery battle, the Producing Party claimed the electronically stored information was from sources that were not reasonably accessible due to undue burden. Seger v. Ernest-Spencer Metals, 2010 U.S. Dist. LEXIS[…]

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.,[…]

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[…]

Paper Please: The Baggers of e-Discovery

February 15, 2009 Josh Gilliland Discovery, e-Discovery, Form of Production, Motion to Compel, Request for Production

Requesting the form of production is not like telling the bag boy at the grocery store “paper please.” Moreover, you do not enter a grocery store and ask for “paper please” before you have even done any shopping. That is what happened in a recent case. In theory, parties are[…]

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[…]

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[…]