e-Discovery – Page 19

SURPRISE! First Amendment e-Discovery Objections!

January 15, 2009 Josh Gilliland Blogging, Deposition, Discovery, First Amendment

The Discovery of Electronically Stored Information has many surprises, ranging from stating the form of production, the inadvertent production of privileged material and defensible search terms. A very surprised lawyer fought a First Amendment objection they probably did not see coming during a deposition. In Quixtar Inc. v.[…]

One Pesky Requirement for a Motion to Compel e-Discovery

January 10, 2009 Josh Gilliland Discovery, e-Discovery, Metadata, Motion to Compel, Native File, Request for Production

There is no shortage of case law on motions to compel native files, metadata and all things dealing with the form of production. However, there is one basic requirement for a motion to compel: You have to have a request for production first. Most motion to compel train wrecks[…]

Deposition Review with CT Summation iBlaze Color Highlighting

January 9, 2009 Josh Gilliland CT Summation, Deposition, Document Review, e-Discovery

You can open my old Civil Procedure course book and see I usually highlighted cases with three colors: Blue for the “Issue,” orange for “Rule,” yellow for “Analysis” and a note in the margin for the “Conclusion” (IRAC for the non-lawyers). Law students have been highlighting and writing in textbooks[…]

e-Discovery: Not like Reviewing a Box of Paper

January 7, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Request for Production

Treating e-Discovery review the same as a paper-based document review runs the risk of shattering the litigation process. In Oracle v. SAP, 2008 U.S. Dist. LEXIS 88319, the estimated cost of reviewing 165 custodians was projected as $16.5 million. This included the defendants employing more than fifty contract attorneys and[…]

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 Wrong Fight: A Tiff About TIFFs

January 2, 2009 Josh Gilliland e-Discovery, Form of Production

Sometimes, people don’t know any better and fight the really wrong fight. This might be where the maxim, “Never bring a knife to a gun fight” comes from. It is also the mindset that built the Maginot line. Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 U.S. Dist. LEXIS 71863[…]

Text Messages and Privacy

December 31, 2008 Josh Gilliland e-Discovery, Reasonable Expectation of Privacy, Text Messages

Can you have a reasonable expectation of privacy in text messages? This video clip from the CT Summation & Ivize webinar addressed this issue.

iProblems with MP3 Players

December 30, 2008 Josh Gilliland e-Discovery, MP3 Players

From Consider this… A mother bought her daughter an MP3 player from Wal-Mart. Mom thought the MP3 player was new, but Wal-Mart sells used MP3 players as new products without disclosing the fact they are used.[1] The 12 year old daughter started using her “new-to-her” MP3 player. To her shock,[…]