Email – Page 5 – Bow Tie Law

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[…]

An Email State of Mind: Confessions of an Online Fraudaholic

July 3, 2009 Josh Gilliland Admissibility, Criminal Procedure, Email, Hearsay

A Criminal Defendant maintained an online business that was a shame: Orders were made and money paid, but the items ordered were either not sent or non-conforming goods instead. This is all fun and games for the Defendant until an undercover FBI agent placed orders in a sting operation. The[…]

Motion to Compel Camera Phone Photo

June 19, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Request for Production

Just as the Def Leppard Song Goes: All I got is a photograph — and it is not enough. (from the classic Photograph) The Defendants requested a photo from a Plaintiff that was taken on his cell phone. The Plaintiffs in turn produced the photo. There was one little problem[…]

The Return of Covad Communications: Forensic Imaging of Databases & Email Servers

June 17, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

Magistrate Judge Facciola’s “Christmas Eve” opinion now has a sequel: Covad Communs. Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 47841 (D.D.C. May 27, 2009). This opinion is very detailed covering issues of forensic examinations, email servers and commentary on retention policies. I encourage lawyers to look at this opinion. […]

The Plumbing of a Motion to Compel

June 15, 2009 Josh Gilliland Culling, Deposition, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Motion to Compel, Processing, Request for Production

In a product defect case about brass plumbing fittings, the Defendants fought a motion to compel electronically stored information relevant to class certification, because of undue burden and cost. They lost…in large part. In re Zurn Pex Plumbing Prods. Liab. Litig., 2009 U.S. Dist. LEXIS 47636, 1 (D. Minn. June[…]

Reckless Abandon: Lost Hard Drives and Sanctions

June 10, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Litigation Hold

In complex commercial litigation today, virtually all discovery involves electronic discovery to some extent. It also is well known that absent affirmative steps to preserve it, at least some electronically stored information (“ESI”) is likely to be lost during the course of litigation through routine business practices or otherwise. These[…]

Mutually Assured Destruction: Striking Undisclosed ESI and Late Disclosed Witnesses

June 8, 2009 Josh Gilliland Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures, Late Witness Disclosure

Trial practice is an art of managing your discovery, knowing your calendar deadlines and pulling part your opponent’s case by striking their key exhibits with motions in limine. The following motions from Debose v. Broward Health to exclude two of the Plaintiffs’ witnesses and late disclosed Defense email messages sounds like the[…]

Is ONE Keyword Adequate for a Search?

May 21, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Magistrate Judge Facciola’s Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009) dealt with a very brief issue: Was one keyword adequate for the search of electronically stored information? Short answer: No In Asarco, the Plaintiff opposed a summary judgment motion and sought leave[…]