e-Discovery – Page 25

101 Bow Ties

September 3, 2009 Josh Gilliland Blogging, Discovery, Document Review, e-Discovery, Electronically Stored Information, ESI

My 101st post is different than any of my other postings to date: Here is the story behind the Bow Tie Law Blog and my thoughts on the practice of law. I have an amazing career. While I was at CT Summation, I traveled to Alaska, across Canada, met with[…]

Production Madness: The Covad Story Continues with New ESI Pitfalls

August 31, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Imaging Hard Drives

Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live. Magistrate Judge John M. Facciola, Covad Communs.[…]

Don’t Bank on this Strategy to Compel Electronically Stored Information

August 27, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Meet & Confer, Motion to Compel

The Court finds the parties could have avoided the expenses of this Motion by conferring appropriately early in the case about ESI. United States Magistrate Judge Michael R. Merz, Wells Fargo Bank, N.A. v. LaSalle Bank Nat’l Ass’n, 2009 U.S. Dist. LEXIS 70514 (S.D. Ohio July 24, 2009). Banks really[…]

Get Out the Check Book for Translating ESI into a Reasonably Usable Form in California

August 21, 2009 Josh Gilliland California Electronic Discovery Act, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Accessible, Reasonably Useable Form

California Code of Civil Procedure 2031.280(e) states, in relevant part: If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. California Code of Civil Procedure 2031.280(e) might give anyone used to[…]

Don’t Argue Imaginary ESI Production Problems

August 19, 2009 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, ethics, Form of Production, Metadata, Motion to Compel, Native File, OCR, TIFF

In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production arguments that illustrate the need to understand the processing abilities of electronically stored information applications and review in litigation support software. The Request for Production In this class certification case, the Plaintiff[…]

Telling the Judge ESI is “Expensive” is not an Excuse for Failing to Produce

July 20, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Request for Production

It is generally a bad sign when an opinion begins with a Court banning parties from filing more discovery motions without the Court’s approval. This is one of those cases. Textron Fin. Corp. v. Eddy’s Trailer Sales, Inc., 2009 U.S. Dist. LEXIS 60065 (E.D.N.Y. July 10, 2009). One of the[…]

Swimming in the Deep End: Treading Water in e-Discovery Cases

July 14, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, OCR, Request for Production

This motion centers on electronic discovery. The proper handling of electronic discovery is a new and developing area of law practice. The Federal Rules first addressed electronic discovery in 2006 and the Local Rules of this court have yet to provide any guidance on electronic discovery. Therefore, the court appreciates[…]

Keep on Trucking: Data Productions or Summaries

July 13, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production

The Plaintiffs in Flying J, Inc. v. Pilot Travel Ctrs. LLC brought a motion to compel discovery request for data pertaining to trucker fuel card transactions and for the producing party to create a separate monthly report. Flying J, Inc. v. Pilot Travel Ctrs. LLC, 2009 U.S. Dist. LEXIS 55283,[…]

What Should be the Ordinary Course of Business: Reviewing ESI in Litigation Support Software

July 7, 2009 Josh Gilliland CT Summation, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Metadata, Motion to Compel, Request for Production

The Defendants in Valeo Elec. Sys. v. Cleveland Die & Mfg. Co., brought a motion to compel the Plaintiffs to organize their electronically stored information production into 28 specific categories to match the Defendants’ discovery requests. The Defense motion was denied. Valeo Elec. Sys. v. Cleveland Die & Mfg. Co.,[…]

Coffee, Donuts and a Meet & Confer on Electronically Stored Information

July 6, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Dunkin’ Donuts sued to terminate a franchise agreement on the basis the Defendants breached their contract by erroneously reporting employee wages on an IRS W-2 Form and trademark infringement. Dunkin’ Donuts Franchised Rests. LLC v. Grand Cent. Donuts, Inc., 2009 U.S. Dist. LEXIS 52261, 4-5 (E.D.N.Y. June 19, 2009). The[…]