e-Discovery – Page 13

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,[…]

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[…]

Smile for the Discovery Production

January 20, 2012 Josh Gilliland e-Discovery, Reasonably Useable Form, Request for Production, Translation Into A Reasonably Useable Form

In a dispute between a photographer and an educational textbook publisher, the Plaintiff sough the production of a definition list to the Defendants’ database abbreviations. Bean v. John Wiley & Sons, 2012 U.S. Dist. LEXIS 4900, 1-3 (D. Ariz. Jan. 17, 2012). The Defendants’ sales, printing and distribution database was[…]

“Fear” is Not An Objection to Search Terms

January 9, 2012 Josh Gilliland e-Discovery

In a trade secret case involving the search of electronically stored information, the parties disagreed over the use of keywords to search the data sets. Custom Hardware Eng’g & Consulting v. Dowell, 2012 U.S. Dist. LEXIS 146, 7-8 (E.D. Mo. Jan. 3, 2012). The gravamen of the dispute was the[…]

There is Only One Way to Rock Search Terms

December 28, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

In Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]

“Any Party’s” Claims or Defenses

December 23, 2011 Josh Gilliland e-Discovery, Initial Disclosures

Nothing says Christmas like an opinion by Judge Facciola. Jenkins v. Wash. Metro. Area Transit Auth., is litigation over a train crash between two Washington Metropolitan Area Transit Authority trains. Jenkins v. Wash. Metro. Area Transit Auth., 2011 U.S. Dist. LEXIS 146065 (D.D.C. Dec. 19, 2011). Like almost all litigation,[…]

Misadventures in Searching Unallocated Space

December 16, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

The parties in I-Med Pharma Inc. v. Biomatrix, Inc., stipulated to the search of the Plaintiff’s computer system by the Defendants’ forensic expert. I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). The expert ran a combination of approximately 60 keywords, including French words, keywords[…]

Cross Spoliation Claims for Lost Video & Witness Statements

December 9, 2011 Josh Gilliland ABA Journal Blawg 100, e-Discovery, Electronically Stored Information, Facebook, Spoliation

In Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180 (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]

BOW TIE LAW CHOSEN AS ONE OF THE ABA JOURNAL’S BLAWG 100

December 2, 2011 Josh Gilliland ABA Journal Blawg 100, e-Discovery

I am greatly honored that Bow Tie Law has been selected by the editors of the ABA Journal as one of THE ABA JOURNAL’S BLAWG 100.  I want to thank everyone who nominated Bow Tie Law for this great recognition. I am very humbled by the ABA’s kind words describing[…]