Josh Gilliland

Being a Fugitive is Not Consent for Production under the Stored Communications Act

April 13, 2011 Josh Gilliland Stored Communications Act

The Plaintiff sued his former wife and EgyptAir for abducting their children and taking the children from the United States to Egypt without his consent. The Defendant never appeared in the lawsuit and ignored the court proceedings. Bower v. Mirvat El-Nady Bower, 2011 U.S. Dist. LEXIS 36677 (D. Mass. Apr.[…]

An iPhone Left in a Locked Bathroom is Not “Abandoned” under the 4th Amendment

April 11, 2011 Josh Gilliland iPhone, Reasonable Expectation of Privacy, Text Messages

Given the number of iPhones sold, it is no surprise to see a case like People v. Schutter. The Defendant had left his iPhone in a locked convenient store bathroom. When the Defendant went back to the store to get the phone, the store clerk refused, because the clerk was[…]

The Confirmation of Existence…Of Responsive ESI

April 4, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives, Request for Production, Search Terms

EEOC v. Jp Morgan Chase Bank, N.A., is gender discrimination case with multiple discovery disputes. EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011). One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that[…]

Bates Numbering ESI & Other Dates with a Recycle Bin

March 28, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Meet & Confer, Metadata, Native File, Reasonably Useable Form, Request for Production, TIFF

There are battles that do not make sense. This is one of those cases. In a civil dispute over fraudulent investments, the Plaintiff brought a motion to compel the Defendant to “Bates Label” electronically stored information in native file format, because the local Discovery Practices Handbook required Bates numbering of[…]

Bringing Reasonableness to Undue Burden

March 23, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, Search Terms, Undue Burden

Hock Food, Inc. v. William Blair & Co., is a dispute over the calculation of the “success” fees paid to the Defendant in assisting the Plaintiff with the sale of their business interests. Hock Foods, Inc. v. William Blair & Co., L.L.C., 2011 U.S. Dist. LEXIS 24874 (D. Kan. Mar.[…]

A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

March 9, 2011 Josh Gilliland De-Dupe, Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Processing, Reasonably Accessible

Discovery Balancing Acts in a War Zone United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq. The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to[…]

Driving the Snakes from e-Discovery Seminar

March 8, 2011 Josh Gilliland California Electronic Discovery Act, Civil Procedure, e-Discovery

Driving the Snakes from e-Discovery, the first seminar by the Santa Clara County Bar Association e-Discovery Task, will be on March 17, 2011 in San Jose, California. This two-hour seminar is the first of a four-part series on e-Discovery in Silicon Valley. To register for the panel, please click here. […]

The “Friendly” Jurors & Stored Communication Act

March 3, 2011 Josh Gilliland Jury Blogging, Jury Disqualification, Jury Selection, Stored Communications Act

It is surprising this has not happened earlier: Two jurors meet and “friend” each other on Facebook during a criminal trial in California State Court. The Criminal Defendant is found guilty. Juror Number Five later informed the Criminal Defense Attorney the Juror Number One (hereinafter the Plaintiff) made comments about[…]