Josh Gilliland

A Picture is worth a Thousand Words, but Sanctions are Priceless

September 21, 2009 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Litigation Hold

The Defendants in Green v. McClendon, 2009 U.S. Dist. LEXIS 71860 (S.D.N.Y. Aug. 13, 2009) attempted to purchase a $4.2 million painting. As the Defendants’ marriage ended in divorce, the Defendants (who never took physical ownership) did not complete their payments. The Plaintiff sought sanctions against both the Defendant and[…]

Search Terms in Federal Litigation

September 21, 2009 Josh Gilliland Search Terms

Discussion of Federal cases regarding key word searchers under Federal Rule of Civil Procedure Rule 34.

Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers

September 16, 2009 Josh Gilliland Duty to Preserve, Electronically Stored Information, Litigation Hold, Search Terms, Spoliation

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[…]

Federal Rule of Civil Procedure Rule 26 Discussion

September 14, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information

In depth discussion on discovery obligations from my new seminar on Federal Rule of Civil Procedure Rules 26 and 34.

Disturbo se if I Don’t Produce Discovery?

September 11, 2009 Josh Gilliland Discovery, Initial Disclosures, Supplemental Disclosures

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[…]

The Narrowing of Search Terms in Motions to Compel Electronically Stored Information

September 8, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Search Terms

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.[…]

Strategies for a Litigation Hold Letter

September 7, 2009 Josh Gilliland Litigation Hold

Discussion of case law examples of what should go in a litigation hold letter.

101 Bow Ties

September 3, 2009 Josh Gilliland Blogging, Discovery, Document Review, e-Discovery, Electronically Stored Information, ESI

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[…]

Production Madness: The Covad Story Continues with New ESI Pitfalls

August 31, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Imaging Hard Drives

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.[…]

Don’t Bank on this Strategy to Compel Electronically Stored Information

August 27, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Meet & Confer, Motion to Compel

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[…]