e-Discovery – Page 15

Follow the Court Order: If You are Ordered to Produce Searchable PDF’s, Don’t Produce TIFFs without Searchable Text

June 12, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Motion to Compel, Request for Production, TIFF

Gamesmanship is the harbinger of bad lawyer reputations. Not obeying Court orders can be the death warrant on how the judge will view you every time you appear in her courtroom. One can imagine how things will go for a party when this is the opening line of an opinion:[…]

Reckless Abandon: Lost Hard Drives and Sanctions

June 10, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Litigation Hold

In complex commercial litigation today, virtually all discovery involves electronic discovery to some extent. It also is well known that absent affirmative steps to preserve it, at least some electronically stored information (“ESI”) is likely to be lost during the course of litigation through routine business practices or otherwise. These[…]

Mutually Assured Destruction: Striking Undisclosed ESI and Late Disclosed Witnesses

June 8, 2009 Josh Gilliland Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures, Late Witness Disclosure

Trial practice is an art of managing your discovery, knowing your calendar deadlines and pulling part your opponent’s case by striking their key exhibits with motions in limine. The following motions from Debose v. Broward Health to exclude two of the Plaintiffs’ witnesses and late disclosed Defense email messages sounds like the[…]

Discovery is Not a Video Game: There are No Cheat Codes around Discovery Deadlines

June 3, 2009 Josh Gilliland Discovery, e-Discovery, ethics, Request for Production

Hochstein v. Microsoft Corp., involves litigation over the Xbox video game system. The Court issued an Order for discovery to close on October 31, 2008. Hochstein v. Microsoft Corp., 2009 U.S. Dist. LEXIS 44879, 3 (E.D. Mich. May 21, 2009). This obviously required production of any documents or ESI the[…]

Dirty Law: Cleaning Up a Spoliation Mess

June 2, 2009 Josh Gilliland Deposition, e-Discovery, Electronically Stored Information, ESI, Litigation Hold, Spoliation

Innis Arden Golf Club v. Pitney Bowes, Inc., 2009 U.S. Dist. LEXIS 43588 (D. Conn. May 21, 2009) is a polychlorinated biphenyls (“PCBs”) clean up case. Unfortunately, the clean up efforts included getting ride of evidence that resulted in sanctions for the Plaintiff, Innis Arden Golf Club.

What Litigation Hold? Failing to Image Hard Drives and Other Discovery Mistakes

May 27, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Imaging Hard Drives, Litigation Hold, Request for Production, Spoliation

Plunk v. Vill. of Elwood, 2009 U.S. Dist. LEXIS 42952 (N.D. Ill. May 20, 2009) is a civil rights case with a summer time trial date against a local government, village officials and the police department. The Plaintiffs took the Defendants to task for failing to image six hard drives[…]

Procrastination and Objecting to the Form of Production Don’t Mix

May 22, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, Motion to Compel, Request for Production, TIFF

It is beyond cavil that this entire problem could have been avoided had there been an explicit agreement between the parties as to production, but as that ship has sailed, it is without question unduly burdensome to a party months after production to require that party to reconstitute their entire[…]

Guidance’s Computer Enterprise Investigation Conference 2009

May 21, 2009 Josh Gilliland Discovery, Personal Jurisdiction

D4 LLC exhibited at the Computer Enterprise Investigation Conference (CEIC) for the first time in Orlando on May 17-20, 2009. I have attended the show for the last four years and it was an honor to present again on e-Discovery. CEIC always brings together the most educated people on computer[…]

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[…]

Who Delivers a Litigation Hold Notice to the Post Office?

May 18, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Spoliation

Procedural Overview A mail clerk sued the United States Post Office and settled her lawsuit 1999. The Plaintiff sued the Post Office again, claiming the Defendants engaged in a campaign of harassment. The Plaintiff brought a second lawsuit for violations of Title VII and breach of contract. Phillips v. Potter,[…]