e-Discovery – Page 18

Production of Metadata and the Importance of the Meet & Confer Process

February 21, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Form of Production, Metadata, Motion to Compel, Native File, Request for Production, Uncategorized

This lawsuit demonstrates why it is so important that parties frilly discuss their ESI early in the evolution of a case. Had that been done, the Defendants might not have opposed the Plaintiffs’ requests for certain metadata. Moreover, the parties might have been able to work out many, if not[…]

Blogs Comments as Existing State of Mind Exception to the Hearsay Rule

February 18, 2009 Josh Gilliland Blogging, Discovery, Hearsay, State of Mind

The University of Kansas sued a sportswear company claiming violations of state and federal trademark laws through the unauthorized and unlicensed sale of the school’s apparel. Univ. of Kan. v. Sinks, 565 F. Supp. 2d 1216; 2008 U.S. Dist. LEXIS 23765 ( D. Kan., March 19, 2008 ). The Plaintiff[…]

Production of Text Messages Protocol

February 17, 2009 Josh Gilliland Discovery, Document Review, Form of Production, Reasonable Expectation of Privacy, Text Messages, Uncategorized

The sensitivity courts are showing to text messages and public employees’ reasonable expectation of privacy has been very impressive. This sensitivity is evident in cases such as Quon v. Arch Wireless Operating Co., Inc., which found that a police officer had a reasonable expectation of privacy in his messages, due[…]

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[…]

Standards to Identify Anonymous Posters for Defamation

January 27, 2009 Josh Gilliland Blogging, Defamation, Discovery, e-Discovery, First Amendment, Social Networking

The internet is creating emerging legal issues, from jurisdiction to discovery. The identification of anonymous bloggers-posting defamatory statements on the internet–is one of those issues. Judge Rory J. Bellantoni, Ottinger v. Non-Party The Journal News In Ottinger v. Non-Party The Journal News, 2008 N.Y. Misc. LEXIS 4579 (N.Y. Sup.[…]

Conversion of Intangible Property

January 25, 2009 Josh Gilliland Conversion, e-Discovery, Identity Theft

The traditional rule for conversion is any unauthorized act which deprives a person of “his property permanently or for an indefinite amount of time.” Blacks Law Dictionary, Sixth Edition, citing Catania v.Garage De e Paix, Inc., 542 S.W.2d 239, 241. Today, personal information such as banking information is stored on[…]

Back on the Record: Tips on Deposition Preparation with Technology

January 21, 2009 Josh Gilliland CT Summation, Deposition, Discovery, Document Review, e-Discovery

I have taken and defended a good number of depositions. Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script. Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation[…]

Mock Motion in Limine Arguments to Exclude ESI

January 19, 2009 Josh Gilliland CT Summation, Deposition, Discovery, e-Discovery, Mock Trial, Native File, Trial

Michael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20th, 2008. The Best Practices Summit included a mock motion in limine hearing. In the fictional case, the[…]