ESI – Page 10 – Bow Tie Law

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[…]

Compelling Production of Hard Drives & Metadata to Show Time Worked

June 23, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

The Defendants in a disability suit brought a motion to compel for the following ESI from the Plaintiff: (1) The Plaintiff’s desktop computer hard drive; (2) Any computer hard drive the Plaintiff used for business from March 23, 2005 until the present; and (3) All business computer storage media from[…]

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[…]

Litigation Holds, Web 2.0 and e-Discovery at the Arkansas Bar Association Meeting

June 15, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Litigation Hold

I presented at the Arkansas Bar Association in Hot Springs on June 12, 2009. I have presented nearly 100 CLE seminars, but this was my first state bar association meeting. It was a privilege to travel to Arkansas to discuss Web 2.0 litigation and current trends in discovery. I look forward[…]

Follow the Court Order: If You are Ordered to Produce Searchable PDF’s, Don’t Produce TIFFs without Searchable Text

June 12, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Motion to Compel, Request for Production, TIFF

Gamesmanship is the harbinger of bad lawyer reputations. Not obeying Court orders can be the death warrant on how the judge will view you every time you appear in her courtroom. One can imagine how things will go for a party when this is the opening line of an opinion:[…]

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[…]

Dirty Law: Cleaning Up a Spoliation Mess

June 2, 2009 Josh Gilliland Deposition, e-Discovery, Electronically Stored Information, ESI, Litigation Hold, Spoliation

Innis Arden Golf Club v. Pitney Bowes, Inc., 2009 U.S. Dist. LEXIS 43588 (D. Conn. May 21, 2009) is a polychlorinated biphenyls (“PCBs”) clean up case. Unfortunately, the clean up efforts included getting ride of evidence that resulted in sanctions for the Plaintiff, Innis Arden Golf Club.