Form of Production – Page 7

Paper Please: The Baggers of e-Discovery

February 15, 2009 Josh Gilliland Discovery, e-Discovery, Form of Production, Motion to Compel, Request for Production

Requesting the form of production is not like telling the bag boy at the grocery store “paper please.” Moreover, you do not enter a grocery store and ask for “paper please” before you have even done any shopping. That is what happened in a recent case. In theory, parties are[…]

Ethics of e-Discovery (or, Teaching Lawyers Ballet)

February 11, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, ethics, Form of Production

“Watching an incompetent lawyer is like watching a clumsy ballerina.” Magistrate Judge John M. Facciola, February 4, 2009 Magistrate Judge John M. Facciola’s keynote at Legal Tech 2009 had a call to action for lawyers to have certifications and standards of competence regarding technology. In light of how everyday life[…]

Playing with Fire: Producing ESI as Paper

January 30, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Form of Production, Motion to Compel, Request for Production

“…Revonet’s producing the e-mails only in hard copy played with fire. ” Magistrate Judge John Facciola, Covad Communications Company v. Revonet, Inc. I have blogged on parties failing to state a form of production in prior postings and producing parties attempting to produce ESI as paper or non-searchable TIFFs. In[…]

What Happens When the Requesting Party Does Not State a Form of Production?

January 8, 2009 Josh Gilliland Discovery, Document Review, Duty of Care, Form of Production, Motion to Compel, Request for Production

Federal Rule of Civil Procedure Rule 34 allows for a requesting party to state the form of production in their request. In the event a requesting party does not state the form of production, the responding party can state the form of production in their reply. However, if no party[…]

The Wrong Fight: A Tiff About TIFFs

January 2, 2009 Josh Gilliland e-Discovery, Form of Production

Sometimes, people don’t know any better and fight the really wrong fight. This might be where the maxim, “Never bring a knife to a gun fight” comes from. It is also the mindset that built the Maginot line. Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 U.S. Dist. LEXIS 71863[…]