Josh Gilliland

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,[…]

How to Exclude an Expert Who Says There is No Expectation of Online Privacy

August 3, 2011 Josh Gilliland Privacy, Reasonable Expectation of Privacy, Stored Communications Act

A Plaintiff successfully excluded the Defendant’s testifying expert whose opinion was that “no one, including Plaintiffs, has a reasonable expectation of privacy in Internet communications.” Clements-Jeffrey v. City of Springfield, 2011 U.S. Dist. LEXIS 81898, 2-3; 10 (S.D. Ohio July 27, 2011). The case involved the theft of a laptop. […]

Deadliest eDiscovery: When Cameras, Hard Drives & Fishing Boats Collide

August 1, 2011 Josh Gilliland Discovery, eDiscovery, Electronically Stored Information

Two fishing boats voyaged into the ocean of e-Discovery when the Plaintiff learned of digital photos and video of a collision that was not produced in discovery. May v. F/V LORENA MARIE, 2011 U.S. Dist. LEXIS 52695, (D. Alaska May 16, 2011). The discovery dispute surfaced like a carb pot[…]

Email Authentication: More Than Reading an Email

July 29, 2011 Josh Gilliland Admissibility, Electronically Stored Information

A Plaintiff sued after being a fraud victim in a “Nigerian advance fee scheme,” with emails allegedly from the Defendant’s CFO. The email addresses at issue did not have the domain name of the Defendant, but instead yahoo.com and privatelcientsubs.cjb.net. Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS[…]

‘Nuff Said on Imaging a Laptop

July 19, 2011 Josh Gilliland Discovery, e-Discovery, Forensic Image, Targeted Collection

A Plaintiff sought the forensic image of a laptop after the producing party collected the responsive data and placed it on a thumb drive. Magistrate Judge Nuffer denied the motion. Hansen v. Chevron USA, Inc., 2011 U.S. Dist. LEXIS 58488 (D. Utah May 31, 2011). In the course of discovery,[…]

When Law Firms Die, Expect Discovery Delays

July 14, 2011 Josh Gilliland e-Discovery

The iceberg in Trilegiant Corp. v. Sitel Corp., was the dissolution of Howrey LLP. The Howrey partner representing the Plaintiff was able to line up a lifeboat before Howrey sank, but the Chicago Howrey office suddenly closed before he started at his new firm. The client case files had not[…]