ESI – Page 2 – Bow Tie Law

You Do Have to Look for Discovery in Your Possession

August 9, 2012 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Parent-Child Relationship, Search Terms

A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant knowledge does not necessarily mean she possesses relevant documents.” McNearney v. Wash. Dep’t of Corr., 2012 U.S. Dist. LEXIS 108386, 14-16 (W.D. Wash. Aug.[…]

No Request, No Motion to Compel

July 26, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Motion to Compel, Search Terms

The Plaintiff in ADT Sec. Servs. v. Pinancle Sec., LLC, objected to a Magistrate Judge’s denial to a motion to compel to redo the Defendant’s search for responsive ESI. The Plaintiff’s argued the Defendants failed to search individual employee computers and back-up tapes. Additionally, the Plaintiff’s highlighted a considerable disparity[…]

eDiscovery Does Not Mean Esoteric Discovery

June 16, 2012 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Reasonably Accessible, Undue Burden

News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]

Writ of Mandamus & Search of Personal Hard Drive

June 11, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Search Terms

A Plaintiff sought a writ of mandamus after a trial court ordered the production of the Plaintiff’s personal computer and email accounts. The Court of Appeals of Texas granted the writ. In re Jordan, 364 S.W.3d 425 (Tex. App. Dallas 2012). The case involved claims of a sexually hostile work[…]

The Fabric of Inadequate Search & Spoliation Allegations

May 18, 2012 Josh Gilliland Document Review, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Forensic Image, Imaging Hard Drives, Spoliation

In a case involving claims of copyright infringement of fabric design, the tapestry of the Plaintiff’s discovery production was challenged, including allegations the Plaintiff: Neglected to search for and produce several categories of documents; and Deleted relevant emails. The Defendants sought an order permitting a forensic examination of Plaintiff’s computer[…]

How to Get an eDiscovery Evidentiary Hearing

April 6, 2012 Josh Gilliland Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Predictive Coding

Judge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI. Chura v. Delmar Gardens of Lenexa, Inc., 2012 U.S. Dist. LEXIS 36893, 7-8 (D. Kan. Mar. 20, 2012). The litigation involved an employment dispute with claims of[…]

PhotoCop & The Red Light of Admissibility

March 28, 2012 Josh Gilliland Admissibility, Electronically Stored Information, ESI

Are photos and data from a red light camera hearsay? The answer is “no” according to the Court of Appeal in People v Goldsmith and conflicts with People v. Borzakian, discussed on the blog Developments in California Trial Practice. Goldsmith also addressed whether the admission of computer-generated photographs and a[…]

There is Only One Way to Rock Search Terms

December 28, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

In Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]

Misadventures in Searching Unallocated Space

December 16, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Search Terms

The parties in I-Med Pharma Inc. v. Biomatrix, Inc., stipulated to the search of the Plaintiff’s computer system by the Defendants’ forensic expert. I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). The expert ran a combination of approximately 60 keywords, including French words, keywords[…]

Broken Hearted Early Discovery

November 4, 2011 Josh Gilliland e-Discovery, Early Discovery, Electronically Stored Information, ESI, Stored Communications Act

In a case involving alienation of affection, the Plaintiff sought early discovery on third party electronic communication service providers. Dockery v. Horvath, 2011 U.S. Dist. LEXIS 124997, 2-3 (S.D. Miss. Oct. 27, 2011). The case was in procedural limbo, because the Defendants were in New York state, had not filed[…]