ESI – Page 3 – Bow Tie Law

Reasonable Particularity in Requesting ESI

August 29, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI

In an age discrimination suit, a Plaintiff’s motion to compel discovery was denied by a Magistrate Judge on the grounds the requests were overboard. The Plaintiff challenged Magistrate’s order. The District Court found the requests were also overboard. Doubt v. NCR Corp., 2011 U.S. Dist. LEXIS 95518, 11-12 (N.D. Cal.[…]

Arguing $2,630 is Undue Burden to Search ESI

August 24, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B). Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

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,[…]

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.[…]

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[…]

A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

March 9, 2011 Josh Gilliland De-Dupe, Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Processing, Reasonably Accessible

Discovery Balancing Acts in a War Zone United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq. The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to[…]

A Civil Procedure Car Crash

February 24, 2011 Josh Gilliland Back-up Tape, Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures

A short Civil Procedure Overview: 1) A protective order must correspond to a discovery request; and 2) A motion to compel needs to have an underlying request. In an auto-recall case, the Plaintiff had produced 1.79 million pages of documents in discovery, plus an additional 84,000 pages of documents from[…]

Discovery in a Flash (Drive)

January 26, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

Flash drives were the center of a discovery dispute in a trade secret dispute between high-speed printer service providers. OcÉ N. Am. v. McS Servs., 2011 U.S. Dist. LEXIS 5403 (D. Md. Jan. 20, 2011). The Plaintiff sought a forensic image of the flash drives, because the devices contained their software alleged[…]