Search Terms – Page 5

Sanctions for Spoliation Are Not Made on Hunches

October 25, 2010 Josh Gilliland Electronically Stored Information, Email, ESI, Imaging Hard Drives, Search Terms

In an employment discrimination case, the Defendant claimed the Plaintiff intentionally destroyed data off her personal computer and audio tapes. The Defendant sought the dismissal of the Plaintiff’s lawsuit and claimed they had spent $150,000 because of the alleged discovery violations. Coburn v. PN II, 2010 U.S. Dist. LEXIS 110613[…]

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,[…]

Search Terms in Federal Litigation

September 21, 2009 Josh Gilliland Search Terms

Discussion of Federal cases regarding key word searchers under Federal Rule of Civil Procedure Rule 34.

Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers

September 16, 2009 Josh Gilliland Duty to Preserve, Electronically Stored Information, Litigation Hold, Search Terms, Spoliation

In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an action alleging a smear campaign against him. The Defendants in turn claimed the Plaintiff defamed their CEO and caused their stock to drop in value. No matter what the truth is, these parties are[…]

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.[…]

Spoliation is a “Grimm” Business

July 16, 2009 Josh Gilliland Litigation Hold, Search Terms, Spoliation

Magistrate Judge Grimm is no stranger to watershed opinions…and on occasion the 100 page a law review article disguised as an opinion on the admissibility of electronically stored information. Goodman v. Praxair Servs., 2009 U.S. Dist. LEXIS 58263 (D. Md. July 7, 2009) is Judge Grimm’s recent opinion on litigation holds,[…]

Coffee, Donuts and a Meet & Confer on Electronically Stored Information

July 6, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Dunkin’ Donuts sued to terminate a franchise agreement on the basis the Defendants breached their contract by erroneously reporting employee wages on an IRS W-2 Form and trademark infringement. Dunkin’ Donuts Franchised Rests. LLC v. Grand Cent. Donuts, Inc., 2009 U.S. Dist. LEXIS 52261, 4-5 (E.D.N.Y. June 19, 2009). The[…]

The Return of Covad Communications: Forensic Imaging of Databases & Email Servers

June 17, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

Magistrate Judge Facciola’s “Christmas Eve” opinion now has a sequel: Covad Communs. Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 47841 (D.D.C. May 27, 2009). This opinion is very detailed covering issues of forensic examinations, email servers and commentary on retention policies. I encourage lawyers to look at this opinion. […]

Is ONE Keyword Adequate for a Search?

May 21, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Magistrate Judge Facciola’s Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009) dealt with a very brief issue: Was one keyword adequate for the search of electronically stored information? Short answer: No In Asarco, the Plaintiff opposed a summary judgment motion and sought leave[…]

Magistrate Judge Peck’s Search Term Wake-Up Call

March 31, 2009 Josh Gilliland Discovery, e-Discovery, Email, Request for Production, Search Terms

This Opinion should serve as a wake-up call to the Bar in this District about the need for careful thought, quality control, testing, and cooperation with opposing counsel in designing search terms or “keywords” to be used to produce emails or other electronically stored information (“ESI”). Magistrate Judge Andrew Peck,[…]