Processing – Bow Tie Law

There are no Magic Words for Taxation of Processing Costs, but there is the Law

May 19, 2015 Josh Gilliland Processing, Taxation of Costs

Taxation of cost cases can be dull. However, when the Judge shoots down an argument with a YouTube video in the opinion, you know it’s a party. The prevailing party in a trademark infringement case between companies that make portable electronic fitness tracking devices sought $88,888.86 in costs and the[…]

WHOA! A Prevailing Party Recovered $57,873.61 in eDiscovery Costs!

February 19, 2015 Josh Gilliland eDiscovery, Processing, Taxable Costs, Taxation of Costs

My God, is it true? Did a Prevailing Party recover virtually all of its eDiscovery costs? The answer is yes, thanks to a case in Colorado. United States District Judge Christine M. Arguello opened her order denying the Plaintiff’s motion to review the clerk’s taxation of costs with the following: Because[…]

Always Document Services to Explain eDiscovery Services for Taxation of Costs

May 12, 2014 Josh Gilliland Processing, Taxation of Costs

A prevailing party sought $61,548.65 in costs. They got $7,106.65. Kwan Software Eng’G v. Foray Techs., 2014 U.S. Dist. LEXIS 63933, 10-19 (N.D. Cal. May 8, 2014). United States District Judge Susan Illston is very good at eDiscovery disputes. This case highlights the importance of not just knowing how to conduct[…]

Hands-on eDiscovery: California Seminar on Responding to Discovery Requests

February 28, 2013 Josh Gilliland California Electronic Discovery Act, Processing, Reasonably Useable Form, Request for Production, Translation Into A Reasonably Useable Form

I had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]

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[…]

The Plumbing of a Motion to Compel

June 15, 2009 Josh Gilliland Culling, Deposition, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Motion to Compel, Processing, Request for Production

In a product defect case about brass plumbing fittings, the Defendants fought a motion to compel electronically stored information relevant to class certification, because of undue burden and cost. They lost…in large part. In re Zurn Pex Plumbing Prods. Liab. Litig., 2009 U.S. Dist. LEXIS 47636, 1 (D. Minn. June[…]

Discovery Production Workflow: Lessons from Magistrate Judges Facciola & Grimm

February 2, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Motion to Compel, Processing, Request for Production

In my prior posting Playing with Fire: Producing ESI as Paper we looked at the dangers of producing ESI as paper. In addition to the legal analysis, Judge Facciola outlined a workflow for the parties in Covad Communications Company v. Revonet, Inc. The Defendants represented to the Court that it[…]

Be Careful What You Ask For, Because Someone Just Might Produce It

January 6, 2009 Josh Gilliland e-Discovery, Motion to Compel, Processing, Request for Production, Search Terms

There were three big “search term” cases in 2008 by Magistrate Judges John Facciola and Paul Grimm (both of whom also wear bow ties).[1] In United States v. O’Keefe, Judge Facciola wrote, “…for lawyers and judges to dare opine that a certain search term or terms would be more likely[…]

The e-Discovery Chase: Strategies to Reduce Electronically Stored Information in Discovery Requests

December 30, 2008 Josh Gilliland Culling, Document Review, e-Discovery, Processing

All of our tools and toys that generate electronically stored information can frustrate law firms with high e-Discovery costs. Lawyers who choose to have their discovery productions printed can have nearly 10,000 times more paper than 10 years ago.[1] It is difficult to visualize how “big” ESI can be. WIRED[…]