eDiscovery Is More Than Requests for Production
Logically connecting special interrogatories and requests for production by subject matter can expedite drafting discovery responses.
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Author: Josh Gilliland
Josh Gilliland is an associate attorney at Greenan, Peffer, Sallander & Lally LLP. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg from 2013 to 2016, the Web 100 from 2017 to 2018, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.
Adverse Inference Instructions for Deleted Signal Chat Messages
There is no shortage of duty to preserve cases. Issuing a litigation hold is a universal constant in any lawsuit. Yet, what if individuals under a duty to preserve use messaging apps that automatically delete messages? The answer is a Court finding parties acted with the intent to deprive the[…]
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Getting Mixed Up in Motions to Compel Text Messages Without Showing There is Missing ESI
Parties challenging a discovery production need more than a “feeling” ESI was not produced.
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Missing One Email in a Production is Not Grounds for a Default Judgment
There is a universal truth in discovery: perfection is not the standard for discovery responses. This does not mean producing parties can throw caution to the wind for their Rule 26(g) obligations that a discovery response is complete and correct after a reasonable inquiry. However, one missing email is not[…]
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Early Discovery on Third-Party to Identify Doe Defendant
Bringing a lawsuit against an individual known only by an Internet Protocol address raises a very big issue: WHO do you sue? U.S. Magistrate Judge Mitch Dembin resolved that issue in Strike 3 Holdings, LLC v Doe, 2023 U.S. Dist. LEXIS 33562 (Feb 23, 2023). The case involved a plaintiff[…]
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Hearsay in Emails and Blog Posts
In litigation alleging employment discrimination under Title VII of the Civil Rights Act of 1964, the Court decided evidentiary issues over email and a blog post. Jones v. Sansom (D.Conn. Nov. 10, 2023, No. 3:21-cv-00442 (VAB)) 2023 U.S.Dist.LEXIS 202170. The number of motions in limine sound like an epic miniseries[…]
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Tales of Late Productions and Remedies
Document review can be a complex process with high risk of extensive motion practice if there is a mistake. Way back in my days in law school, document productions were not discussed in Civil Procedure. However, just as understanding personal jurisdiction, service of process, and venue, are the nuts of[…]
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Search Term Agreements Do Not Eliminate Relevancy Review
Searches terms are the beginning of collecting and identifying electronically stored information. Far from perfect, search terms are the kickoff for document review. Yes, email threading, deduplication, clustering, predictive coding, and other forms of technology-assisted review enable lawyers to not plow through ESI like it is a football stadium full[…]
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To Use Search Terms Before or After Predictive Coding
Here is a simple question with a complex answer: Should search terms be used before or after predictive coding? That question was the subject of dueling motions in In re Allergan Biocell Textured Breast Implant Prods. Liab. Litig. (D.N.J. Oct. 25, 2022, No. MDL No. 2921) 2022 U.S.Dist.LEXIS 200790, at[…]
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Search Term and Form of Production Dispute, but Let’s Not Forget How Predictive Coding Can Help
If there is a maximum with electronically stored information, parties can fight over basic searches and production formats. These problems often could be reduced, if not eliminated, by retaining a computer forensic expert for collecting responsive data. This is one of those cases where the producing party also wanted to[…]
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