Electronically Stored Information – Page 6

Form of Production: (Almost) Anyway You Want It

August 17, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

A Plaintiff in an age discrimination case requested ESI be produced in native format. Linnebur v. United Tel. Ass’n, 2011 U.S. Dist. LEXIS 88456 (D. Kan. Aug. 10, 2011). The Defendants did not assert any objections, but produced the responsive ESI as PDF’s. Linnebur, at 3. The ESI at issue[…]

Exotic Apples: Solutions in Collecting & Processing Apple ESI

August 15, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Initial Disclosures, Reasonably Accessible, Reasonably Useable Form, Request for Production, Supplemental Disclosures

My friend Charlie Kaupp at Digital Strata brought the following issue to me: There is an increasingly prevalent amount of Apple ESI found in corporate environments, especially among executives, engineering, and marketing groups. Most review platforms do not handle large portions of Apple ESI, including: Mac email (Entourage, Outlook 2011,[…]

Deadliest eDiscovery: When Cameras, Hard Drives & Fishing Boats Collide

August 1, 2011 Josh Gilliland Discovery, eDiscovery, Electronically Stored Information

Two fishing boats voyaged into the ocean of e-Discovery when the Plaintiff learned of digital photos and video of a collision that was not produced in discovery. May v. F/V LORENA MARIE, 2011 U.S. Dist. LEXIS 52695, (D. Alaska May 16, 2011). The discovery dispute surfaced like a carb pot[…]

Email Authentication: More Than Reading an Email

July 29, 2011 Josh Gilliland Admissibility, Electronically Stored Information

A Plaintiff sued after being a fraud victim in a “Nigerian advance fee scheme,” with emails allegedly from the Defendant’s CFO. The email addresses at issue did not have the domain name of the Defendant, but instead yahoo.com and privatelcientsubs.cjb.net. Jimena v. UBS AG Bank, Inc., 2011 U.S. Dist. LEXIS[…]

Form of Production: Add that Topic to the Meet & Confer Check-List

July 11, 2011 Josh Gilliland Costs, e-Discovery, Electronically Stored Information, Meet & Confer

The Defendants in Specht v. Google, Inc., sought of $21,951.16 for discovery costs. $17,778.64 of that total was for creating digital versions of the discovery. Specht v. Google, Inc., 2011 U.S. Dist. LEXIS 68968, 9-11 (N.D. Ill. June 27, 2011) As a general rule, such costs are taxable if the[…]

How Undue Burden Can Reach Out and Touch a Requesting Party

June 27, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Request for Production, Voicemail

In General Steel Domestic Sales, LLC v. Chumley, the Requesting Party sought production of 463,000 recordings of sales phone calls. And like one of the old long distance commercials of the 1980s, the Requesting Party was left crying at the end. General Steel Domestic Sales, LLC v. Chumley, 2011 U.S.[…]

Cost-Shifting Discovery and Third-Parties

May 10, 2011 Josh Gilliland e-Discovery, Electronically Stored Information

There are different standards for cost-shifting when the producing party is not a party in the lawsuit. EEOC v. Kronos Inc., 2011 U.S. Dist. LEXIS 47350, 3-4 (W.D. Pa. May 3, 2011). EEOC v. Kronos Inc., involved the EEOC seeking discovery from a nonparty with a production estimate of $75,000. […]

Digital Detectives Podcast on the Legal Talk Network

April 27, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Undue Burden

I had the privilege of doing a podcast with the “Digital Detectives” Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises. Our discussion included the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation[…]

The Confirmation of Existence…Of Responsive ESI

April 4, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives, Request for Production, Search Terms

EEOC v. Jp Morgan Chase Bank, N.A., is gender discrimination case with multiple discovery disputes. EEOC v. JP Morgan Chase Bank, N.A., 2011 U.S. Dist. LEXIS 34409, 6-7 (S.D. Ohio Mar. 30, 2011). One request for production called for “[w]hatever hardware, software, files, metadata, and properties in Defendant’s possession that[…]

Bates Numbering ESI & Other Dates with a Recycle Bin

March 28, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Meet & Confer, Metadata, Native File, Reasonably Useable Form, Request for Production, TIFF

There are battles that do not make sense. This is one of those cases. In a civil dispute over fraudulent investments, the Plaintiff brought a motion to compel the Defendant to “Bates Label” electronically stored information in native file format, because the local Discovery Practices Handbook required Bates numbering of[…]