ESI – Page 7 – Bow Tie Law

No Reasonable Expectation of Privacy in Abandoned CD’s

January 10, 2010 Josh Gilliland Criminal Procedure, Discovery, e-Discovery, Electronically Stored Information, ESI, Reasonable Expectation of Privacy

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment. The Supreme Court of New Hampshire found he had no expectation of privacy in the abandoned media and that the search of the media was proper. State v.[…]

In the War of the Roses, It is Best to Change Your Email Password

January 5, 2010 Josh Gilliland e-Discovery, Eavesdropping, Electronically Stored Information, Email, ESI, Exclusion of Evidence

Divorce is ugly. It can be uglier when your estranged spouse has the password to your email account. In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her ex-husband’s email password since their separation in 2006. The wife accessed the husband’s email[…]

Bow Tie Law 1st Anniversary

December 30, 2009 Josh Gilliland Blogging, Discovery, e-Discovery, Electronically Stored Information, ESI, Exclusion of Evidence, Litigation Hold

December 30, 2009 marks the first anniversary of “Bow Tie Law.” 2009 was a watershed year of case law, with litigation hold opinions coming up weekly this summer; the mandatory exclusion of ESI for the failure to disclose or supplement discovery; and judges holding attorneys to a higher standard for electronically stored[…]

Bad Romance e-Discovery Style: Text Messages in an Ugly Break Up

December 29, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Text Messages

Discussion of In re C. C., 2009 Cal. App. LEXIS 1715 (Cal. App. 3d Dist. Oct. 27, 2009) at the Paraben Forensic Innovation Conference. The case involved a bad high school break-up, where the teenage boy sent vulgar text messages venting anger to ex-girlfriend. The Juvenile Court took words from[…]

Discovery Games in Gaming Litigation

December 24, 2009 Josh Gilliland Discovery, Document Review, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Litigation Hold, Reasonably Accessible, Request for Production

Discovery games were taking place in a gaming case in Mississippi. The Plaintiffs brought a motion to strike and a motion for sanctions for discovery misconduct in responding to requests for electronically stored information. Maggette v. BL Dev. Corp., 2009 U.S. Dist. LEXIS 116789 (N.D. Miss. Nov. 24, 2009). The[…]

Federal Rule of Evidence 502(b): Not to be Gutted Like a Fish

December 22, 2009 Josh Gilliland Electronically Stored Information, ESI, FRE 502, Waiver of Privilege

Magistrate Judge Facciola addressed Federal Rule of Evidence Rule 502(b) with the inadvertent disclosure of a memorandum protected by the work product doctrine, in a case involving an officer with the DC Department of Corrections. Amobi v. D.C. Dep’t of Corr., 2009 U.S. Dist. LEXIS 114270, 20-21 (D.D.C. Dec. 8, 2009). […]

Proving Conspiracies with Electronically Stored Information

December 14, 2009 Josh Gilliland Conspiracy, Electronically Stored Information, Email, ESI, ethics

There is no shortage of people utilizing technology to facilitate illicit or questionable actions. Below are two recent examples. Price Fixing Conspiracy In In re Static Random Access Memory Antitrust Litigation, the Plaintiffs alleged the Defendants engaged in a ten year conspiracy to fix and maintain artificially high prices for Static[…]

Admissibility of Email Strings and Co-Conspirator Emails

December 7, 2009 Josh Gilliland Conspiracy, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Hearsay

The Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law. Whether or not such discovery is admissible is another story. Park W. Radiology & Park W. Circle Realty v. Carecore Nat’l Llc, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009) is[…]

New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”

November 30, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Request for Production

In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]