native file format – Bow Tie Law

Why Fight Over Producing Metadata?

April 20, 2015 Josh Gilliland Request for Production

A party fighting over not producing metadata is like bringing a protective order to produce a document without ink on the paper. Metadata is part of the native file. The “Data about Data” is captured during collection and processed for production. An active effort would have to be made to[…]

Why Deviate from Native Files in a Case Management Order?

December 9, 2014 Josh Gilliland Form of Production, Predictive Coding, TIFF

There are Case Management Orders that show parties spent a lot of time considering eDiscovery issues. There are the ones that show a lack of thought. There are ones that are mixed. This one shows a lot of forethought, but I am puzzled by the form of production. Technology Assisted[…]

The Empire State Strikes Back (On the Form of Production)

January 13, 2014 Josh Gilliland e-Discovery, Form of Production

In an insurance dispute over coverage, a Plaintiff sought production of electronically stored information in native file AND TIFF format after the Defendant produced discovery in hard-copy format. The Defendant opposed re-producing in native file format and sought cost-shifting if required to produce natively. Mancino v Fingar Ins. Agency, 2014 N.Y.[…]