Privilege Review – Bow Tie Law

Tales of Late Productions and Remedies

November 14, 2023 Josh Gilliland Document Review, eDiscovery, Privilege Review

Document review can be a complex process with high risk of extensive motion practice if there is a mistake. Way back in my days in law school, document productions were not discussed in Civil Procedure. However, just as understanding personal jurisdiction, service of process, and venue, are the nuts of[…]

Redacting Irrelevant Information

February 14, 2021 Josh Gilliland Document Review, Privilege Review

Few lawyers go to law school with the dreams of redacting Excel files. That said, knowing how to redact electronically stored information takes skill in knowing what applications to use. In one recent case, a producing party redacted irrelevant information on 22,152 records, including 5,224 Excel files. American Municipal Power,[…]

Privilege Logs are a Really Smart Idea

September 12, 2016 Josh Gilliland Privilege Review

A Defendant claimed they did not have to provide a privilege log pursuant to Federal Rule of Civil Procedure Rule 26(b)(5)(A)(ii). David Mizer Enters. v. Nexstar Broad., Inc. (C.D.Ill. Aug. 31, 2016, No. 14-cv-2192) 2016 U.S. Dist. LEXIS 117076, at *23-26. Let’s just say this is a non-traditional approach to[…]

A Case Study on Privilege Logs

August 8, 2015 Josh Gilliland Attorney Client Privilege, Privilege Review

Privilege logs require more than merely saying a prospectively privileged document is an “attorney-client communication.” This requires litigants to conduct privilege review with far more analysis than simply tagging discovery “Attorney Client Privilege” or “Work Product Conduct.” The case of United States v. State & La. Dep’t of Health &[…]

The Advantages of Contacting Opposing Counsel 34 Minutes After Inadvertent Disclosure of One Email

October 21, 2014 Josh Gilliland Document Review, Privilege Review

What happens when a lawyer inadvertently produces an email protected by the attorney-client privilege? A Magistrate Judges and District Court Judge orders the receiving party to destroy the inadvertently produced email. Iowa is the home of where John Atanasoff invented the first computer in 1939. It is also the home of[…]

How Not to Be Progressive: Court Rejects Predictive Coding Not Agreed to By Parties

May 22, 2014 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Technology Assisted Review

Fighting over discovery search methodology makes me think of President Richard Nixon’s resignation speech: “Always remember, there are those who hate you. And the only way to keep them from winning is to hate them right back. And then you destroy yourself.” Attacking a party who used predictive coding to[…]

Clawback Agreements to Eliminate the Burden of Privilege Review

April 21, 2013 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Search Terms, Waiver of Privilege

I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]