e-Discovery – Page 28

A Note on Judicial Notice of Blogs and Admissibility of Electronically Stored Information

April 20, 2009 Josh Gilliland Admissibility, Anti-SLAPP, Blogging, e-Discovery, Forum Selection, Hearsay, Judicial Notice

In a trade secret case, the Defendants attempted to strike the Plaintiffs’ complaint pursuant to the California Anti-SLAPP statute. The Defendants failed to make a prima facie showing that the complaint arose from protected activity. World Fin. Group v. Hbw Ins. & Fin. Servs., 2009 Cal. App. LEXIS 553 (Cal.[…]

When Contract Law Collides with Social Networking & Online Movie Rentals

April 18, 2009 Josh Gilliland Choice of Law, Contract Law, Discovery, e-Discovery, Facebook, Forum Selection, Illusory Contract, Online Movie Rental, Social Networking

Every now and then, there comes a case that gives me law school flashbacks. Professor Rohwer, my old Contracts professor, this one’s for you. Harris v. Blockbuster, 2009 U.S. Dist. LEXIS 31531 (N.D. Tex. Apr. 15, 2009) involves Blockbuster allegedly violating the Video Privacy Protection Act. Blockbuster Online (an online[…]

Check Please: Challenging a PDF Form of Production

April 15, 2009 Josh Gilliland Discovery, e-Discovery, Form of Production, Request for Production

Rahman v. Smith & Wollensky Rest. Group, Inc., is an employment discrimination case where the Defendants produced guest checks from a database in PDF format on CD-ROM, in three-year batches, with a unique index number identifying each check. Rahman v. Smith & Wollensky Rest. Group, Inc., 2009 U.S. Dist. LEXIS[…]

Spinning the Spoliation Record (OR, Download MP3 Sanctions)

April 6, 2009 Josh Gilliland Discovery, e-Discovery, ethics, Music Downloads, Piracy, Request for Production

I watched David Boies argue the original Napster case on CSPAN while taking Computer and Internet Law at McGeorge, University of the Pacific. David Boies is more remembered for later representing Vice President Al Gore in the Bush v Gore legal saga. Online music downloads have caused litigation with the[…]

Creighton Law Review Symposium on Evolving Litigation Issues

April 4, 2009 Josh Gilliland e-Discovery

I participated in a symposium at Creighton University School of Law on April 3, 2009, presenting “Modern Issues in e-Discovery.” The symposium was extremely well attended with attorneys from Nebraska and Iowa. It was a privilege to present to attorneys and law students on current e-Discovery issues. Thanks go to[…]

Magistrate Judge Peck’s Search Term Wake-Up Call

March 31, 2009 Josh Gilliland Discovery, e-Discovery, Email, Request for Production, Search Terms

This Opinion should serve as a wake-up call to the Bar in this District about the need for careful thought, quality control, testing, and cooperation with opposing counsel in designing search terms or “keywords” to be used to produce emails or other electronically stored information (“ESI”). Magistrate Judge Andrew Peck,[…]

The Express Way to Your Hard Drive

March 30, 2009 Josh Gilliland e-Discovery, Imaging Hard Drives, Request for Production

Inspection or testing of certain types of electronically stored information or of a responding party’s electronic information system may raise issues of confidentiality or privacy. The addition of testing and sampling to Rule 34(a) with regard to documents and electronically stored information is not meant to create a routine right[…]

Court Orders For Hosted Review Solutions: When the Judge Wants to See the Discovery Too

March 11, 2009 Josh Gilliland Document Review, e-Discovery, Hosted Review Platform

Funny thing about discovery: Sometimes, the Judge needs to see the electronically stored information too. However, most judges will not want a lawyer to swing by in a truck to drop off 80 bankers boxes of printed email and spreadsheets at the courthouse. It is also unlikely many Courts can[…]

I Fought the Law…The Government’s Discovery Obligations in Civil Litigation

March 2, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Motion to Compel, Request for Production

“Like any ordinary litigant, the Government must abide by the Federal Rules of Civil Procedure. It is not entitled to special consideration concerning the scope of discovery, especially when it voluntarily initiates an action.” Judge Scheindlin once again delivered a powerful opinion with SEC v Collins & Aikman Corporation 2009[…]

Production of Metadata and the Importance of the Meet & Confer Process

February 21, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Form of Production, Metadata, Motion to Compel, Native File, Request for Production, Uncategorized

This lawsuit demonstrates why it is so important that parties frilly discuss their ESI early in the evolution of a case. Had that been done, the Defendants might not have opposed the Plaintiffs’ requests for certain metadata. Moreover, the parties might have been able to work out many, if not[…]