e-Discovery – Page 17

Bringing Reasonableness to Undue Burden

March 23, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, Search Terms, Undue Burden

Hock Food, Inc. v. William Blair & Co., is a dispute over the calculation of the “success” fees paid to the Defendant in assisting the Plaintiff with the sale of their business interests. Hock Foods, Inc. v. William Blair & Co., L.L.C., 2011 U.S. Dist. LEXIS 24874 (D. Kan. Mar.[…]

A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

March 9, 2011 Josh Gilliland De-Dupe, Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Processing, Reasonably Accessible

Discovery Balancing Acts in a War Zone United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq. The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to[…]

Driving the Snakes from e-Discovery Seminar

March 8, 2011 Josh Gilliland California Electronic Discovery Act, Civil Procedure, e-Discovery

Driving the Snakes from e-Discovery, the first seminar by the Santa Clara County Bar Association e-Discovery Task, will be on March 17, 2011 in San Jose, California. This two-hour seminar is the first of a four-part series on e-Discovery in Silicon Valley. To register for the panel, please click here. […]

A Civil Procedure Car Crash

February 24, 2011 Josh Gilliland Back-up Tape, Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures

A short Civil Procedure Overview: 1) A protective order must correspond to a discovery request; and 2) A motion to compel needs to have an underlying request. In an auto-recall case, the Plaintiff had produced 1.79 million pages of documents in discovery, plus an additional 84,000 pages of documents from[…]

Fashionable Sanctions

February 17, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, Litigation Hold, Spoliation

When sanctions are issued in Chicago on St. Valentine’s Day, you can imagine how the losing party might feel. The Defendants in a sexual and racial discrimination, hostile work environment, harassment and retaliation case did not properly preserve evidence or respond to specific discovery requests. Northington v. H&M Int’l, 2011[…]

No Triggering Event, No Duty to Preserve

January 31, 2011 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Litigation Hold

In an employment dispute, the Plaintiff claimed the Defendants had a duty to preserve electronically stored information at the beginning of an HR investigation after she sent a letter outlying concerns with her manager. The Plaintiff was ultimately put on a performance review and terminated. Viramontes v. United States Bancorp, 2011[…]

Discovery in a Flash (Drive)

January 26, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

Flash drives were the center of a discovery dispute in a trade secret dispute between high-speed printer service providers. OcÉ N. Am. v. McS Servs., 2011 U.S. Dist. LEXIS 5403 (D. Md. Jan. 20, 2011). The Plaintiff sought a forensic image of the flash drives, because the devices contained their software alleged[…]

Production of Litigation Hold Letters & Imaging Hard Drives

January 10, 2011 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Email, Imaging Hard Drives

In an action initiated by an insurance company, the Defendant sought various discovery from the Plaintiff. Am. Gen. Life Ins. Co. v. Billard, 2010 U.S. Dist. LEXIS 138570 (N.D. Iowa Dec. 29, 2010). Two issues pertained to the production of litigation hold letters and forensically imaging hard drives. Litigation Hold Letters The[…]

The Merger: Litigation Holds & Search Terms

January 5, 2011 Josh Gilliland Discovery, Duty to Preserve, e-Discovery, Litigation Hold, Spoliation

In an action to rescind a merger agreement, the Plaintiff brought a motion for the Defendant to restore back-up tapes; conduct keyword searches; document results from the keyword searches; and conduct additional searches after conferring on the first keyword search. Escue v. Sequent, Inc., 2010 U.S. Dist. LEXIS The Plaintiff[…]

Bow Tie Thoughts on 2010

December 30, 2010 Josh Gilliland ABA Journal Blawg 100, e-Discovery

[Youtube=http://www.youtube.com/v/34kXrXbhq1Y?hl=en&fs=1] My thoughts on the best conferences and legal issues in 2010.