Bow Tie Law

Author: Josh Gilliland

Josh Gilliland is an associate attorney at Greenan, Peffer, Sallander & Lally LLP. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg from 2013 to 2016, the Web 100 from 2017 to 2018, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.

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

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.[…]

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Things to Think About for Your Rule 26(f) Meeting…

California Electronic Discovery Act, Criminal Procedure, Discovery, e-Discovery, Electronically Stored Information, ESI

In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan also[…]

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Speedy Delivery: Compelling Imaging & Searching of Everything

Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

In a contract dispute regarding a shipping vendor, the Plaintiff brought a motion to compel the collection and processing of the entire contents of Defendants’ hard drives, network drives, and user files.  Unishippers Global Logistics, LLC v. DHL Express (USA), Inc., 2009 U.S. Dist. LEXIS 94844 (D. Utah Oct. 12,[…]

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Proving Up Destroyed ESI is Favorable to Your Position is Hard to Do

Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold

In an ADA employment case, the Plaintiff sought spoliation sanctions and an adverse inference instruction for the destruction of electronically stored information (ESI). Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009). The Plaintiff lost.             The Discovery Requests The Plaintiff sought the[…]

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The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure Rule 37(c)(1)

Deposition, Discovery, e-Discovery, Electronically Stored Information, Exclusion of Evidence, Initial Disclosures, Supplemental Disclosures

Oracle and SAP are at war.  They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of Oracle software over approximately six years.”  Oracle United States v. Sap Ag, 2009 U.S. Dist. LEXIS 91432 (N.D.[…]

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A Three Page Order Hitting De-Duplication & Litigation Holds

Culling, De-Dupe, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold

From the plains of Kansas comes another short and powerful order by Magistrate Judge David Waxse.  On Constitution Day, Judge Waxse was very busy in White v. Graceland College Ctr. for Prof’l Dev. & Lifelong Learning, Inc., 2009 U.S. Dist. LEXIS 85849 (D. Kan. Sept. 18, 2009).  For an earlier[…]

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