Request for Production – Page 11

Whose Search Term is it Anyway?

February 23, 2009 Josh Gilliland Discovery, Document Review, Form of Production, Motion to Compel, Request for Production, Search Terms, Uncategorized

In Spieker v. Cherokee, 2008 U.S. Dist. LEXIS 88103 (D. Kan. Oct. 30, 2008), the parties became entangled in a dispute over who created search terms for a set of specific discovery requests. The Plaintiff had served the Defendant with specifically defined Federal Rule of Civil Procedure Rule 34 requests[…]

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[…]

Discovery Production Workflow: Lessons from Magistrate Judges Facciola & Grimm

February 2, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Motion to Compel, Processing, Request for Production

In my prior posting Playing with Fire: Producing ESI as Paper we looked at the dangers of producing ESI as paper. In addition to the legal analysis, Judge Facciola outlined a workflow for the parties in Covad Communications Company v. Revonet, Inc. The Defendants represented to the Court that it[…]

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[…]