Josh Gilliland

Admissibility of Email Strings and Co-Conspirator Emails

December 7, 2009 Josh Gilliland Conspiracy, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Hearsay

The Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law. Whether or not such discovery is admissible is another story. Park W. Radiology & Park W. Circle Realty v. Carecore Nat’l Llc, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009) is[…]

New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”

November 30, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Request for Production

In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]

Boarding a Flight with Foreign Based Discovery for the Holidays

November 25, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, Foreign Discovery

In the spirit of holiday travel, the Plaintiffs in Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009) brought a motion to compel discovery regarding tickets purchased in South Korea to show price fixing. As quickly as you can say “What’s your clearance,[…]

Bribing Witnesses with Text Messages, Cell Phones and Fake Email Accounts

November 20, 2009 Josh Gilliland Electronically Stored Information, Text Messages

Sometimes there are fact patterns that surprise you how far we have come with technology and the foolishness of people. In People v. McInnis, the Defendant was convicted of attempted witness bribery. The Defendant attempted to keep witnesses from testifying against the Defendant’s nephew, in the nephew’s trial for robbery and kidnapping. […]

Don’t Text & Drive…but Can the Police Search Your Cell Phone at the Traffic Stop?

November 11, 2009 Josh Gilliland Reasonable Expectation of Privacy, Text Messages

“The plaintiffs have not explained why the City of Chicago had no authority to enact legislation designed to protect the safety of its roads in this way, nor can we think of any restriction on its powers under either federal or state law that is so obvious we would need[…]

BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions

November 5, 2009 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Spoliation

Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered. Not with horses, but with adverse inference instructions. In a trade secret case where Individual Defendants left the Plaintiff’s company and[…]

If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)

October 30, 2009 Josh Gilliland Deposition, Discovery, Exclusion of Evidence, Initial Disclosures

In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the Defendants’ initial disclosures or produced in discovery. Nance v. Wayne County, 2009 U.S. Dist. LEXIS 96279 (M.D. Tenn.[…]