Josh Gilliland

What Does a TRO Look Like to Preserve & Produce ESI?

February 4, 2010 Josh Gilliland e-Discovery

The Federal Trade Commission filed for a permanent injunction and temporary restraining order against the Defendants for violation of the Federal Trade Commission Act. The FTC sought the preservation of the Defendants’ “…assets and an accounting of assets, preserving and producing business records and computers…” FTC v. Real Wealth, 2010[…]

Don’t Tell the Court “Keine Rechtsprechung”

February 3, 2010 Josh Gilliland Blocking Statute, e-Discovery, German Law

In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company entered into a contract with a German company to sell electronic discovery forensic software in Germany. Litigation followed after the German Defendant failed to pay the Plaintiff for software sales. […]

e-Discovery Civil Procedure: Three Email Messages Do Not Establish Personal Jurisdiction

February 2, 2010 Josh Gilliland e-Discovery, Electronically Stored Information, Email, General Jurisdiction, Personal Jurisdiction, Specific Jurisdiction

Pelowski v. Pipe, 2010 Cal. App. Unpub. LEXIS 549, 14-15 (Cal. App. 1st Dist. Jan. 26, 2010) is case where the Plaintiff’s appealed the judgment of dismissal of a Defendant based on the lack of personal jurisdiction. The Plaintiffs argued that both general and personal jurisdiction in California were properly established, because[…]

5150 Texting, Drinking & Guns Don’t Match

February 1, 2010 Josh Gilliland Electronically Stored Information, ESI, Text Messages

A man was prohibited from owning fire arms and appealed the decision. The road leading up to the gun ban started on November 2, 2008…after fighting and texting with his girlfriend. People v. Akers, 2010 Cal. App. Unpub. LEXIS 102 (Cal. App. 4th Dist. Jan. 7, 2010). The Petitioner, while drinking and[…]

The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

January 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Foreign Discovery, Form of Production, Native File, Reasonably Useable Form, Request for Production

“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]

Tweeting Contempt: Trademark Infringement on Twitter

January 25, 2010 Josh Gilliland e-Discovery, Trademark, Twitter

The Plaintiff, an established 15-year-old moving company, brought a lawsuit against the Defendant for trademark violations, libel, and other unfair competition causes of action. Tdc Int’l Corp. v. Burnham, 2010 U.S. Dist. LEXIS 4646 ( E.D. Mich. Jan. 21, 2010). A settlement agreement was entered (after a default) requiring the Defendant to[…]

Classy Text Messages from a Collection Agency

January 20, 2010 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Text Messages

In Hartung v J.D. Byrider of Chandler, et al., 2009 U.S. Dist. Lexis 54415 (2009), the Plaintiff got behind on car payments. As one would expect, a collection agency became involved. As one would not expect, the representative from the Collection agency called T-Mobile, claimed he was Plaintiff’s father and[…]

Enforcing Injunctions Against 3rd Parties in Online Defamation

January 14, 2010 Josh Gilliland Defamation

The Plaintiffs in Blockowicz v. Ramey were victims of online defamation on social networking and other websites. The Plaintiffs were successful in getting a default judgment against the Defendants and an injunction to remove the defamatory material. Blockowicz v. Ramey, 2009 U.S. Dist. LEXIS 118599 (N.D. Ill. Dec. 21, 2009).[…]

The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

January 12, 2010 Josh Gilliland Criminal Procedure, Discovery, Duty to Preserve, Electronically Stored Information, ESI, Reasonable Expectation of Privacy, Spoliation, Text Messages

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1. The passengers might have been hoping, “There is nothing to see here.” After stopping the car with the Defendant and two passengers,[…]