Josh Gilliland

Espresso, WiFi, & Confidentiality with a Twist of Lemon

February 4, 2011 Josh Gilliland ethics, Privacy

Many attorneys, as with a large contingent of the general public, do not possess much, if any, technological savvy. Although the Committee does not believe that attorneys must develop a mastery of the security features and deficiencies of each technology available, the duties of confidentiality and competence that attorneys owe[…]

I, Hearsay: Computer Generated Reports as Testimony

February 2, 2011 Josh Gilliland Admissibility, Hearsay

Is a computer generated printout a statement according to the hearsay rules? California law says “no.” People v. Nazary, 2010 Cal. App. LEXIS 2207 (Cal. App. 4th Dist. Dec. 31, 2010) People v. Nazary is an appeal from an embezzlement conviction. Part of the evidence offered against the Defendant included[…]

No Triggering Event, No Duty to Preserve

January 31, 2011 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Litigation Hold

In an employment dispute, the Plaintiff claimed the Defendants had a duty to preserve electronically stored information at the beginning of an HR investigation after she sent a letter outlying concerns with her manager. The Plaintiff was ultimately put on a performance review and terminated. Viramontes v. United States Bancorp, 2011[…]

Discovery in a Flash (Drive)

January 26, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

Flash drives were the center of a discovery dispute in a trade secret dispute between high-speed printer service providers. OcÉ N. Am. v. McS Servs., 2011 U.S. Dist. LEXIS 5403 (D. Md. Jan. 20, 2011). The Plaintiff sought a forensic image of the flash drives, because the devices contained their software alleged[…]

Putting 4 Terabytes of Discovery on Ice

January 18, 2011 Josh Gilliland Electronically Stored Information, ESI, Meet & Confer, Search Terms

Sometimes, it takes a Court order to cool the fiery passions of litigation. In a RICO action in the packaged ice industry, the Defendant sought to chill the cost of searching 4 Terabytes of data. McNulty v. Reddy Ice Holdings, Inc., 2011 U.S. Dist. LEXIS 3173, 6-7 ( E.D. Mich.[…]

Fasten Your Seatbelts: Database Productions in a Searchable Format

January 13, 2011 Josh Gilliland Discovery, Electronically Stored Information

Producing databases is not as easy as fastening your seatbelt and enjoying the flight… A former airline employee sued his union claiming the union “failed to properly process his grievances arising out of his discharge from Northwest Airlines.” Lynch v. Air Transp., 2010 U.S. Dist. LEXIS 138143 (E.D. Wis. Dec. 17,[…]

Production of Litigation Hold Letters & Imaging Hard Drives

January 10, 2011 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Email, Imaging Hard Drives

In an action initiated by an insurance company, the Defendant sought various discovery from the Plaintiff. Am. Gen. Life Ins. Co. v. Billard, 2010 U.S. Dist. LEXIS 138570 (N.D. Iowa Dec. 29, 2010). Two issues pertained to the production of litigation hold letters and forensically imaging hard drives. Litigation Hold Letters The[…]

The Merger: Litigation Holds & Search Terms

January 5, 2011 Josh Gilliland Discovery, Duty to Preserve, e-Discovery, Litigation Hold, Spoliation

In an action to rescind a merger agreement, the Plaintiff brought a motion for the Defendant to restore back-up tapes; conduct keyword searches; document results from the keyword searches; and conduct additional searches after conferring on the first keyword search. Escue v. Sequent, Inc., 2010 U.S. Dist. LEXIS The Plaintiff[…]

Bow Tie Thoughts on 2010

December 30, 2010 Josh Gilliland ABA Journal Blawg 100, e-Discovery

[Youtube=http://www.youtube.com/v/34kXrXbhq1Y?hl=en&fs=1] My thoughts on the best conferences and legal issues in 2010.