e-Discovery – Page 9

Clawback Agreements to Eliminate the Burden of Privilege Review

April 21, 2013 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Search Terms, Waiver of Privilege

I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]

No Costs for TIFF Blow Backs

March 14, 2013 Josh Gilliland Costs, e-Discovery

Costs in eDiscovery are a never ending ordeal for parties. There is little question that the Taxation Guidelines should be updated to meet the realities of computer forensic investigation, preservation and processing. Consider the following situation, where the Court addressed “image processing”: Mitre has requested a total of $5,453.96 in[…]

Grover Mundell

March 12, 2013 Josh Gilliland e-Discovery

I was deeply sadden to learn of the passing of Grover Mundell. Grover was always a gentlemen. I enjoyed saying hello to him at the different legal conferences over the years. I am very sorry for his family’s loss. Grover’s memorial service will be held at Temple Emanu-El in Dunwoody, GA[…]

Please Don’t Bates Stamp eDiscovery

February 19, 2013 Josh Gilliland e-Discovery, ESI, Form of Production, TIFF

This case is my eDiscovery nightmare. Worse than a clown with snakes. Let’s review what happened. The case involved numerous allegations of discovery wrongdoing against the Plaintiff. The Defendants brought a motion for “discovery abuses intended to harass defendants, cause unnecessary delay, and needlessly increase the cost of litigation.” The[…]

2013 High School Mock Trial Program

February 6, 2013 Josh Gilliland e-Discovery, Mock Trial

There is more to life than eDiscovery. I have coached a high school mock trial team for the past three years. I also serve as the chairman of the bar association committee that organizes the tournament with the Santa Clara County Office of Education and Santa Clara County Courts. The[…]

The Find a Litigation Hold App on An iPhone

January 28, 2013 Josh Gilliland e-Discovery, Litigation Hold, Spoliation

In a dispute involving claims of monopolistic violations regarding booking A-list DJ’s at nightclubs, the Defendants did not take any steps to preserve or review text messages on an iPhone for relevance that was lost. Christou v. Beatport, LLC, 2013 U.S. Dist. LEXIS 9034, 36-39 (D. Colo. Jan. 23, 2013). While the[…]

2012 Case Law Year-In-Review

January 3, 2013 Josh Gilliland Civil Procedure, Duty to Preserve, e-Discovery, Predictive Coding, Reasonable Expectation of Privacy, Search Terms, Social Networking, Stored Communications Act, Twitter

2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases to be decided on the merits, attorneys need to educate themselves on electronic discovery so they know[…]

Audio Recording Sanction Blues

December 26, 2012 Josh Gilliland Audio Discovery, Duty to Preserve, e-Discovery, Spoliation

Many eDiscovery attorneys associate Chicago with 1) the Blues Brothers and 2) Magistrate Judge Nan Nolan. Judge Nolan granted in part and denied in part a motion to compel in an employment dispute. The Judge found the Defendant had a duty to preserve audio recordings of calls that had been[…]

All I Want For Christmas Are Taxable eDiscovery Costs

December 21, 2012 Josh Gilliland Taxable Costs

Nothing says Merry Christmas like winning eDiscovery costs. One party was able to get over half the gifts on their Christmas List from the Court as taxable costs. The Defendants submitted eDiscovery costs over $40,000, which was nearly two-thirds of the Defendant’s bill of costs. A service provider made up[…]