Discovery – Bow Tie Law

Mining for eDiscovery Sanctions

September 26, 2013 Josh Gilliland Deposition, Discovery, Duty of Care, e-Discovery, Electronically Stored Information

Some cases begin with such a “wow” introduction they have to be seen to be believed: To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants’ resisted providing required information in initial disclosures and resisted previous discovery[…]

Deposition Preparation Tips

September 25, 2012 Josh Gilliland Deposition, Discovery

Josh Gilliland on tips for deposition preparation using litigation support technology. No part of this video should be considered legal advice.

What is a Reasonable Search?

July 18, 2012 Josh Gilliland Discovery, e-Discovery, Search Terms

The adequacy of searches for electronically stored information is often a challenge technically and procedurally for attorneys. The case of Mullen v. United States Army Crim. Investigation Command directly outlined how to evaluate whether a search was adequate. Searching for Adequacy & Reasonableness A search for responsive discovery is reviewed on[…]

eDiscovery Does Not Mean Esoteric Discovery

June 16, 2012 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Reasonably Accessible, Undue Burden

News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]

How to Get an eDiscovery Evidentiary Hearing

April 6, 2012 Josh Gilliland Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Predictive Coding

Judge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI. Chura v. Delmar Gardens of Lenexa, Inc., 2012 U.S. Dist. LEXIS 36893, 7-8 (D. Kan. Mar. 20, 2012). The litigation involved an employment dispute with claims of[…]

Watch Local Rules on Initial Disclosures

March 12, 2012 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Initial Disclosures

Jo Ann Howard & Assocs., P.C. v. Cassity, is a dispute over the production of a Defendant’s initial disclosures. The Defendant described various ESI and other documents as part of their initial disclosures pursuant to Federal Rule of Civil Procedure Rule 26(a)(1). Jo Ann Howard & Assocs., P.C. v. Cassity,[…]

Huge Hole in eDiscovery Process

February 22, 2012 Josh Gilliland Discovery, Document Review

Airlines don’t just lose luggage. In antitrust litigation over airline baggage fees, a Court sanctioned Delta for not conducting a reasonable inquiry and a “huge hole” in their eDiscovery process. In re Delta/AirTran Baggage Fee Antitrust Litig., 2012 U.S. Dist. LEXIS 13462, 41-43 (N.D. Ga. Feb. 3, 2012). Flight Plan[…]

All You Need is Metadata

February 14, 2012 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Metadata, Native File

When it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata. In the event ESI needed to be redacted or was[…]

Printing ESI & Scanning It Is Not OK

January 27, 2012 Josh Gilliland Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server. Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]