e-Discovery – Page 20

Authenticating Cell Phone Records

August 9, 2010 Josh Gilliland Admissibility, Discovery, e-Discovery, Electronically Stored Information, Text Messages

In a negligence case where a plaintiff was the victim of a car crash, the Defendant trucking company attempted to introduce out-of-time third-party custodian affidavits and witnesses on the last day of discovery. Boling v. Mohawk Indus., 2010 U.S. Dist. LEXIS 75674 (D.S.C. July 27, 2010). The Court denied the[…]

How “Ridiculous” Productions Can Waive the Attorney-Client Privilege

August 4, 2010 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, FRE 502, Waiver of Privilege

The ridiculously high number of irrelevant materials and the large volume of privileged communications produced demonstrate a lack of reasonableness. Robert C. Chambers, United States District Court Judge Preparing electronic discovery takes careful review and following Judge Grimm’s Victor Stanley checklist. That did not happen in this case. The Plaintiffs[…]

A Handshake Deal That Created Confidential Communications from a Work Computer

August 2, 2010 Josh Gilliland e-Discovery, Reasonable Expectation of Privacy

Shanahan v. Superior Court, is an unpublished California opinion that furthers the story of confidential communications sent from a business computer. Shanahan v. Superior Court, 2010 Cal. App. Unpub. LEXIS 5756 (Cal. App. 2d Dist. July 21, 2010) Privacy at Work…Literally and Figuratively Privacy interests originating from electronically stored information created at[…]

An e-Discovery Proposal

August 1, 2010 Josh Gilliland e-Discovery

A humorous e-Discovery tale. [Youtube=http://www.youtube.com/v/fTLhq3-BqUY&hl=en_US&fs=1]

In Requiem for Howard Krosney

July 6, 2010 Josh Gilliland e-Discovery

I am crushed beyond words to hear that Howard Krosney of Epstein Becker & Green passed away after a sudden illness. Howard was a gentleman. I first met him during my time at CT Summation. Howard attended several of my seminars and we became friends. He once came down from[…]

Utilitarian e-Discovery: A Challenge for the Litigation Support Profession

June 30, 2010 Josh Gilliland e-Discovery

I always liked John Stuart Mill’s utilitarian views on justice to provide the greatest happiness for the greatest number of people, within reason. I propose Utilitarian e-Discovery. All the vendors in the litigation support profession produce many fine products and solutions for large scale e-Discovery services. I have a challenge to[…]

A Judicial Love Bite: Initial Disclosures Mean Initial Disclosures

June 23, 2010 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures, Supplemental Disclosures

Every now and then, rules with teeth will leave a love bite. This is one of those cases. The Plaintiffs identified 31 documents in their initial disclosures. However, none of these were produced because of a claimed computer crash. Pinkney v. Am. Med. Response, Inc., 2010 U.S. Dist. LEXIS 56465,[…]

I Have this Favor to Ask of You: Don’t Betray the Family with Third-Party Discovery

June 18, 2010 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Facebook, Meet & Confer, MySpace

You should never betray the family…and one such betrayal resulted in trademark litigation over Mafia Wars. Now You are Part of the Family For those not familiar with Mafia Wars (or you spend a lot of time clicking “Ignore”), it is a game on social networking sites such as Facebook. […]

How to Get a Judge to Overcome the Guilt of Ordering the Forensic Examination of a Personal Computer

June 14, 2010 Josh Gilliland e-Discovery, Forensic Image

Judges loath ordering the forensic imaging of personal computers. Here is a case where that was not a problem for the Court. In Genworth Fin. Wealth Mgmt. v. McMullan, the Plaintiffs brought a motion to compel the Defendants to produce their computers for forensic imaging, plus a preservation order and[…]

Ensuring Searchable Production Formats (Or Don’t Tick off the Judge)

June 2, 2010 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Meet & Confer, Metadata, Native File

Parties should be very careful when Courts start referring to a party’s views on electronically stored information as “dismissive.” More importantly, if a party boasts that they use a litigation support system on their website, don’t be surprised if the Court discusses that fact with the URL in an opinion. A Discovery Brawl In[…]