Josh Gilliland

Attorneys & Volunteering: Investing in the Future

September 12, 2011 Josh Gilliland High School Mock Trial

Americans are very good at volunteering to help others. There is no shortage of this virtue among lawyers and legal professionals, as seen in legal aid societies and pro bono programs. I began coaching a high school mock trial team in Santa Clara County as part of the statewide competition[…]

Surprise Videos & Initial Disclosures

September 8, 2011 Josh Gilliland Exclusion of Evidence, Initial Disclosures, Supplemental Disclosures

A Defendant in an SEC case offered video exhibits for trial. The SEC objected, citing that the videos were not included in the Defendant’s Rule 26(a) initial disclosures and should be excluded under Rule 37(c)(1). United States SEC v. Big Apple Consulting USA, Inc., 2011 U.S. Dist. LEXIS 99352, 6-8[…]

Location Privacy Protection Act

September 1, 2011 Josh Gilliland Privacy

Guest Article By Sonya Ziaja. Ms. Ziaja is a regular contributer to Legal Match’s Law Blog and to Shark. Laser. Blawg. Senator Al Fraken proposed a consumer privacy geolocation bill (the Location Privacy Protection Act) earlier this term. Unlike the bipartisan GPS Act, the bill does not attempt to grapple[…]

Reasonable Particularity in Requesting ESI

August 29, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI

In an age discrimination suit, a Plaintiff’s motion to compel discovery was denied by a Magistrate Judge on the grounds the requests were overboard. The Plaintiff challenged Magistrate’s order. The District Court found the requests were also overboard. Doubt v. NCR Corp., 2011 U.S. Dist. LEXIS 95518, 11-12 (N.D. Cal.[…]

Thank You, Steve Jobs

August 25, 2011 Josh Gilliland Computer History

The Computer World we live in owes Steve Jobs a thank you for his leadership and innovation over the past 35 years. The Computer Age beginnings date back to Jack Atanasoff, a mathematics professor from Iowa State College, while he was having a drink at a forgotten bar on the[…]

Arguing $2,630 is Undue Burden to Search ESI

August 24, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B). Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

Hitting the “Unlike” Button on Expedited Discovery

August 22, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Expedited Discovery

Facebook sued Named and Unnamed Defendants for trademark infringement. The Plaintiff sought expedited discovery from the Named Defendants to identify the Unnamed Defendants in support of later filing a motion for a preliminary injunction. Facebook, Inc. v. Various, Inc., 2011 U.S. Dist. LEXIS 64539, 6-9 (N.D. Cal. June 16, 2011).[…]

Nominations for ABA Journal Blawg 100 Amici

August 18, 2011 Josh Gilliland ABA Journal Blawg 100, e-Discovery

The nomination process has began for the annual ABA Journal Blawg 100. I am very honored to have been include as a 2011 honoree. I would appreciate once again your support in nominating Bow Tie Law for next year. There are many excellent legal blogs, whether you focus on litigation[…]

Form of Production: (Almost) Anyway You Want It

August 17, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

A Plaintiff in an age discrimination case requested ESI be produced in native format. Linnebur v. United Tel. Ass’n, 2011 U.S. Dist. LEXIS 88456 (D. Kan. Aug. 10, 2011). The Defendants did not assert any objections, but produced the responsive ESI as PDF’s. Linnebur, at 3. The ESI at issue[…]

Exotic Apples: Solutions in Collecting & Processing Apple ESI

August 15, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Initial Disclosures, Reasonably Accessible, Reasonably Useable Form, Request for Production, Supplemental Disclosures

My friend Charlie Kaupp at Digital Strata brought the following issue to me: There is an increasingly prevalent amount of Apple ESI found in corporate environments, especially among executives, engineering, and marketing groups. Most review platforms do not handle large portions of Apple ESI, including: Mac email (Entourage, Outlook 2011,[…]