Search Terms in Federal Litigation
Discussion of Federal cases regarding key word searchers under Federal Rule of Civil Procedure Rule 34.
Read moreAuthor: 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.
Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers
In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an action alleging a smear campaign against him. The Defendants in turn claimed the Plaintiff defamed their CEO and caused their stock to drop in value. No matter what the truth is, these parties are[…]
Read moreFederal Rule of Civil Procedure Rule 26 Discussion
In depth discussion on discovery obligations from my new seminar on Federal Rule of Civil Procedure Rules 26 and 34.
Read moreDisturbo se if I Don’t Produce Discovery?
In Gotlin v. Lederman, 2009 U.S. Dist. LEXIS 78818 (E.D.N.Y. Sept. 1, 2009), the Plaintiff was precluded from using Italian medical records because of a failure to include the records in their initial disclosures. In the words of the Court, the Plaintiff’s attorney “provided virtually no discovery during the[…]
Read moreThe Narrowing of Search Terms in Motions to Compel Electronically Stored Information
There is a continuing trend in search term cases: You do not see judges discussing experts and Federal Rules of Evidence 702. Now, perhaps this is just in cases where custodian names or simple search terms were at issue, such as William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins.[…]
Read moreStrategies for a Litigation Hold Letter
Discussion of case law examples of what should go in a litigation hold letter.
Read more101 Bow Ties
My 101st post is different than any of my other postings to date: Here is the story behind the Bow Tie Law Blog and my thoughts on the practice of law. I have an amazing career. While I was at CT Summation, I traveled to Alaska, across Canada, met with[…]
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Production Madness: The Covad Story Continues with New ESI Pitfalls
Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live. Magistrate Judge John M. Facciola, Covad Communs.[…]
Read moreDon’t Bank on this Strategy to Compel Electronically Stored Information
The Court finds the parties could have avoided the expenses of this Motion by conferring appropriately early in the case about ESI. United States Magistrate Judge Michael R. Merz, Wells Fargo Bank, N.A. v. LaSalle Bank Nat’l Ass’n, 2009 U.S. Dist. LEXIS 70514 (S.D. Ohio July 24, 2009). Banks really[…]
Read moreSpoliation! A New Drama at the District Courthouse about a Litigation Hold and Missing Electronically Stored Information
The stage is set: There is a triggering event for a lawsuit, a litigation hold is enacted and evidence is preserved. A drama played out not according to the above script with a law firm and client almost ending up on the hook for a botched litigation hold. In Pinstripe, Inc. v. Manpower, Inc., the[…]
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