ESI – Page 8 – Bow Tie Law

BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions

November 5, 2009 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Spoliation

Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered. Not with horses, but with adverse inference instructions. In a trade secret case where Individual Defendants left the Plaintiff’s company and[…]

Things to Think About for Your Rule 26(f) Meeting…

October 22, 2009 Josh Gilliland California Electronic Discovery Act, Criminal Procedure, Discovery, e-Discovery, Electronically Stored Information, ESI

In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan also[…]

Speedy Delivery: Compelling Imaging & Searching of Everything

October 15, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

In a contract dispute regarding a shipping vendor, the Plaintiff brought a motion to compel the collection and processing of the entire contents of Defendants’ hard drives, network drives, and user files. Unishippers Global Logistics, LLC v. DHL Express (USA), Inc., 2009 U.S. Dist. LEXIS 94844 (D. Utah Oct. 12,[…]

Proving Up Destroyed ESI is Favorable to Your Position is Hard to Do

October 14, 2009 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold

In an ADA employment case, the Plaintiff sought spoliation sanctions and an adverse inference instruction for the destruction of electronically stored information (ESI). Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009). The Plaintiff lost. The Discovery Requests The Plaintiff sought the[…]

A Three Page Order Hitting De-Duplication & Litigation Holds

September 28, 2009 Josh Gilliland Culling, De-Dupe, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold

From the plains of Kansas comes another short and powerful order by Magistrate Judge David Waxse. On Constitution Day, Judge Waxse was very busy in White v. Graceland College Ctr. for Prof’l Dev. & Lifelong Learning, Inc., 2009 U.S. Dist. LEXIS 85849 (D. Kan. Sept. 18, 2009). For an earlier[…]

A Picture is worth a Thousand Words, but Sanctions are Priceless

September 21, 2009 Josh Gilliland Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Litigation Hold

The Defendants in Green v. McClendon, 2009 U.S. Dist. LEXIS 71860 (S.D.N.Y. Aug. 13, 2009) attempted to purchase a $4.2 million painting. As the Defendants’ marriage ended in divorce, the Defendants (who never took physical ownership) did not complete their payments. The Plaintiff sought sanctions against both the Defendant and[…]

The Narrowing of Search Terms in Motions to Compel Electronically Stored Information

September 8, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Search Terms

There is a continuing trend in search term cases: You do not see judges discussing experts and Federal Rules of Evidence 702. Now, perhaps this is just in cases where custodian names or simple search terms were at issue, such as William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins.[…]

101 Bow Ties

September 3, 2009 Josh Gilliland Blogging, Discovery, Document Review, e-Discovery, Electronically Stored Information, ESI

My 101st post is different than any of my other postings to date: Here is the story behind the Bow Tie Law Blog and my thoughts on the practice of law. I have an amazing career. While I was at CT Summation, I traveled to Alaska, across Canada, met with[…]

Production Madness: The Covad Story Continues with New ESI Pitfalls

August 31, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Imaging Hard Drives

Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live. Magistrate Judge John M. Facciola, Covad Communs.[…]