Search Terms – Page 3

Clawback Agreements to Eliminate the Burden of Privilege Review

April 21, 2013 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Search Terms, Waiver of Privilege

I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]

Drop-by-Drop Water Torture Productions

October 19, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Request for Production

There are judges who have a way with words when they want to make a point. One example of such judicial prose was by Magistrate Judge Gregory G. Hollows in Botell v. United States: At this juncture, the United States has purportedly been looking for documents for months, yet the[…]

You Do Have to Look for Discovery in Your Possession

August 9, 2012 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Parent-Child Relationship, Search Terms

A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant knowledge does not necessarily mean she possesses relevant documents.” McNearney v. Wash. Dep’t of Corr., 2012 U.S. Dist. LEXIS 108386, 14-16 (W.D. Wash. Aug.[…]

No Request, No Motion to Compel

July 26, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Motion to Compel, Search Terms

The Plaintiff in ADT Sec. Servs. v. Pinancle Sec., LLC, objected to a Magistrate Judge’s denial to a motion to compel to redo the Defendant’s search for responsive ESI. The Plaintiff’s argued the Defendants failed to search individual employee computers and back-up tapes. Additionally, the Plaintiff’s highlighted a considerable disparity[…]

What is a Reasonable Search?

July 18, 2012 Josh Gilliland Discovery, e-Discovery, Search Terms

The adequacy of searches for electronically stored information is often a challenge technically and procedurally for attorneys. The case of Mullen v. United States Army Crim. Investigation Command directly outlined how to evaluate whether a search was adequate. Searching for Adequacy & Reasonableness A search for responsive discovery is reviewed on[…]

eDiscovery Does Not Mean Esoteric Discovery

June 16, 2012 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Reasonably Accessible, Undue Burden

News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]

A Search Terms Gam

March 14, 2012 Josh Gilliland e-Discovery, Predictive Coding, Search Terms

Determining search terms can sink into a voyage on the Pequod hunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an over-inclusive ocean of electronically stored information. To The Last, I Grapple With Thee In EEOC v.[…]

Boarding a Flight with Foreign Based Discovery for the Holidays

November 25, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, Foreign Discovery

In the spirit of holiday travel, the Plaintiffs in Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009) brought a motion to compel discovery regarding tickets purchased in South Korea to show price fixing. As quickly as you can say “What’s your clearance,[…]

Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers

September 16, 2009 Josh Gilliland Duty to Preserve, Electronically Stored Information, Litigation Hold, Search Terms, Spoliation

In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an action alleging a smear campaign against him. The Defendants in turn claimed the Plaintiff defamed their CEO and caused their stock to drop in value. No matter what the truth is, these parties are[…]

The Narrowing of Search Terms in Motions to Compel Electronically Stored Information

September 8, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Search Terms

There is a continuing trend in search term cases: You do not see judges discussing experts and Federal Rules of Evidence 702. Now, perhaps this is just in cases where custodian names or simple search terms were at issue, such as William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins.[…]