eDiscovery Review Strategies
Tips on reviewing electronic discovery, including issue tagging for causes of action or defenses and eDiscovery project management.
Read moreAuthor: 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.
Forensically Examining A Lawyer’s Computer
In a dispute over a will and deed transfer, a New York State Court ordered the examination of a lawyer’s computer. The idea of an attorney’s computer being searched by third parties should scare lawyers to death. The attorney objected on the grounds the examination would violate the attorney-client privilege[…]
Read moreBow Tie Law News: PFIC & eDiscovery Podcasts on iTunes
Paraben Forensic Innovation Conference I am very excited for the 2012 Paraben Forensic Innovation Conference to be held November 3 to 6, 2012 in Park City, Utah. We will have a full eDiscovery & Deposition Bootcamp that includes outstanding attorneys and a Judicial Panel with New York State Judge Matthew Sciarrino,[…]
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No Differences in Discoverability Between Social Media & Email
Letters versus telegrams. Faxes versus emails. Attorneys must be familiar with the many ways people have communicated in the everyday course of their lives. “Social media” is just another evolution in technology for possible sources of electronically stored information. Robinson v. Jones Lang Lasalle Ams., is a case centering on a motion[…]
Read moreAn Overview of Initial Disclosures
Joshua Gilliland, attorney blogger for www.bowtielaw.com and www.thelegalgeeks.com, discusses Federal Rule of Civil Procedure Rule 26(a), timing for the meet and confer under Rule 26(f), the Rule 16(b) scheduling conference and exclusion for non-disclosure under Rule 37(c)(1). (No part of this video should be considered legal advice).
Read moreToo Many Cooks in eDiscovery
Also Posted on frank! The Nextpoint Blog There are phrases a lawyer never wants to hear a judge say. One is your law firm “acted negligently in failing to comply with its discovery obligations.” Another is your client “acted willfully in failing to comply with its discovery obligations and assist[…]
Read moreProduction Requirements Under Federal Rule of Civil Procedure Rule 34 (Video)
Form of Production in eDiscovery A discussion of the form of production under Federal Rule of Civil Procedure Rule 34, plus one recent case. Rationally Organized Productions pursuant to Federal Rule of Civil Procedure Rule 34(b)(2)(E) Production requirements for documents and electronically stored information under Federal Rule of Civil Procedure Rule 34(b)(2)(E)[…]
Read moreYou Do Have to Look for Discovery in Your Possession
A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant knowledge does not necessarily mean she possesses relevant documents.” McNearney v. Wash. Dep’t of Corr., 2012 U.S. Dist. LEXIS 108386, 14-16 (W.D. Wash. Aug.[…]
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Discovery from 3rd Party Vendors
A company outsourcing payroll, human resources and other business services to third parties is standard operating procedure today. However, what happens when there are discovery requests for a party’s business information hosted by a third-party? Such discovery requests caused a court to play butcher to carve out the discovery obligations[…]
Read moreLet’s Ask Dad About the Attorney-Client Privilege
The Defendant, apparently well versed in social-media, requested “[a] complete copy of all communications” between specific individuals and the Plaintiff sent on “Facebook, in a blog, via e-mail, text message, voicemail, letter, facsimile, or anywhere else.” The Defendant requested the ESI be produced in their “original, unaltered form.” Armstrong v.[…]
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