e-Discovery – Page 14

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,[…]

Swimming in the Deep End: Treading Water in e-Discovery Cases

July 14, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, OCR, Request for Production

This motion centers on electronic discovery. The proper handling of electronic discovery is a new and developing area of law practice. The Federal Rules first addressed electronic discovery in 2006 and the Local Rules of this court have yet to provide any guidance on electronic discovery. Therefore, the court appreciates[…]

Keep on Trucking: Data Productions or Summaries

July 13, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production

The Plaintiffs in Flying J, Inc. v. Pilot Travel Ctrs. LLC brought a motion to compel discovery request for data pertaining to trucker fuel card transactions and for the producing party to create a separate monthly report. Flying J, Inc. v. Pilot Travel Ctrs. LLC, 2009 U.S. Dist. LEXIS 55283,[…]

What Should be the Ordinary Course of Business: Reviewing ESI in Litigation Support Software

July 7, 2009 Josh Gilliland CT Summation, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Metadata, Motion to Compel, Request for Production

The Defendants in Valeo Elec. Sys. v. Cleveland Die & Mfg. Co., brought a motion to compel the Plaintiffs to organize their electronically stored information production into 28 specific categories to match the Defendants’ discovery requests. The Defense motion was denied. Valeo Elec. Sys. v. Cleveland Die & Mfg. Co.,[…]

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[…]

Compelling Production of Hard Drives & Metadata to Show Time Worked

June 23, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives

The Defendants in a disability suit brought a motion to compel for the following ESI from the Plaintiff: (1) The Plaintiff’s desktop computer hard drive; (2) Any computer hard drive the Plaintiff used for business from March 23, 2005 until the present; and (3) All business computer storage media from[…]

Motion to Compel Camera Phone Photo

June 19, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Request for Production

Just as the Def Leppard Song Goes: All I got is a photograph — and it is not enough. (from the classic Photograph) The Defendants requested a photo from a Plaintiff that was taken on his cell phone. The Plaintiffs in turn produced the photo. There was one little problem[…]

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. […]

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[…]

Litigation Holds, Web 2.0 and e-Discovery at the Arkansas Bar Association Meeting

June 15, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Litigation Hold

I presented at the Arkansas Bar Association in Hot Springs on June 12, 2009. I have presented nearly 100 CLE seminars, but this was my first state bar association meeting. It was a privilege to travel to Arkansas to discuss Web 2.0 litigation and current trends in discovery. I look forward[…]