Case law summary of Radiologix, Inc. v. Radiology & Nuclear Med., LLC, No. 15-4927-DDC, 2018 U.S. Dist. LEXIS 86964 (D. Kan. May 24, 2018).
The return of the Bow Tie Law eDiscovery Podcasts in honor of the 10th Anniversary of www.bowtielaw.com. A discussion of Echavarria v. Roach, 2018 U.S. Dist. LEXIS 216021 (D. Mass. Dec. 26, 2018) on the production organization requires under Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i) and the difference with 34(b)(2)(E)(ii).
Audio recording of my new CLE on Protecting Fictional Characters, presented at the Orange County Bar Association, on June 26, 2017. Here is the program description: Owners and creators of fictional characters run the gambit in protecting their works of art from outright infringers to fan films. This seminar will address case studies in protecting fictional characters, from the Vampira/Elvira litigation, to Star Wars and Battlestar ... Read more
Case law discussion of Hawa v. Coatesville Area Sch. Dist., 2017 U.S. Dist. LEXIS 37675, where the Defendants sought 80% cost-shifting for their discovery costs based on purported undue burden because the data was not reasonably accessible.
One of the first cases applying Rule 37(e) for the destruction of text messages is Living Color Enters. v. New Era Aquaculture Ltd. S.D.Fla. Mar. 22, 2016, No. 14-cv-62216-MARRA/MATTHEWMAN) 2016 U.S. Dist. LEXIS 39113. Attorney Chris Dix from Smith, Hulsey, & Busey, jointed me to discuss how Judge William Matthewman applied the new rules for spoliation and sanctions in deciding this case.
Early Case Assessment was a fireball in the night in eDiscovery marketing, then was outshined by other important eDiscovery topics, from litigation holds to predictive coding. Dave Cochran from Planet Data joined me for this sponsored podcast to discuss the return of ECA, which has always been important. We explore the types of cases where ECA can help identify relevant ESI, different features for finding responsive data, complyin... Read more
My friend Tom O'Connor sat down with me at Michael Arkfeld's eDiscovery Conference at Arizona State University to discuss the new Amendments to the Federal Rules of Civil Procedure. Join us to hear our eDiscovery adventures.
A summary of Magistrate Judge Nina Y. Wang’s thoughtful opinion of the new Federal Rules of Civil Procedure in Kissing Camels Surgery Ctr., LLC v. Centura Health Corp. (D.Colo. Jan. 22, 2016, Civil Action No. 12-cv-03012-WJM-NYW) 2016 U.S. Dist. LEXIS 7668. Judge Wang review Chief Justice John Robert’s 2015 report, summarized proportionality, addressed the new requirements for specific objections, and reviewed the case law on label... Read more
Neda Shakoori, Esq., of McManis Faulker, met with me to discuss the 2015 Amendments to the Federal Rules of Civil Procedure. Neda shared her thoughts on how lawyers can engage in proportionality analysis; early discovery before the meet and confer; objections with specificity; and sanctions analysis for failure to preserve electronically stored information.
A summary of Cedar Grove Composting, Inc. v. Ironshore Specialty Ins. Co. (W.D.Wash. Dec. 23, 2015, No. C14-1443RAJ) 2015 U.S. Dist. LEXIS 171576, where Judge Richard Jones defined "meaningfully cooperating" in discovery in a discovery dispute over material protected by the work product doctrine.
A discussion on the California eDiscovery Duty of Competency in Formal Opinion 2015-193, focusing on how to be competent in each stage of discovery.
Katie Cullen Montgomerie from Fookes Software joined me to discuss email in discovery. We discussed the different types of metadata in email, different file types of email, and the importance of email status in litigation. Katie also explained de-duplication and search strategies. We briefly discussed United States v. Katakis (9th Cir. 2015) 800 F.3d 1017 and Prezio Health, Inc. v. Schenk, 2015 U.S. Dist. LEXIS 119493 (D. Conn. Sep... Read more
Howard Reissner, CEO of Planet Data, joined me to discuss how courts are becoming increasingly more insistent on handling, collecting, and producing mobile and cloud data. Howard shared his thoughts on the demands being placed on law firms and how reasonableness factors into the collection of mobile data.
What is necessary to successfully challenge a production format that is only Bates labeled, but does not contain an index? The answer is more than claiming the production does not comply with Federal Rule of Civil Procedure Rule 34(b)(2)(E)(i). Hear more in the case summary of Hall v. Habul, 2015 U.S. Dist. LEXIS 87545, *15-16 (M.D. La. July 6, 2015), where a plaintiff brought a motion to compel the opposing party to organize and l... Read more
How does a Court balance proportionality between asymmetrical parties? City of Sterling Heights Gen. Emples. Ret. Sys. v. Prudential Fin., 2015 U.S. Dist. LEXIS 110712 is an excellent example of balancing the proportionality interests between a motion to add additional search terms and custodians to a dispute.
Case summary of Intermarine, LLC v. Spliethoff Bevrachtingskantoor, B.V., 2015 U.S. Dist. LEXIS 112689, *5-6 (N.D. Cal. Aug. 20, 2015). Does Dropbox (or any close storage company) have to provide a PMK witness to testify in every case they produce ESI pursuant to a Rule 45 discovery request?
A case study of privilege logs in United States v. Louisiana, 2015 U.S. Dist. LEXIS 100238, *3 (M.D. La. July 31, 2015). The podcast covers the requirements for an effective privilege log, best practices for review, and tips on using a review application to create a privilege log.
Mike Wade, Chief Technology Officer for Planet Data, sat down with Josh Gilliland to discuss the complexities of processing metadata from mobile devices in part three of the Planet Data series. Mike explained how metadata from mobile devices is different than traditional electronically stored information, how to use early case assessment technology for identifying relevant vs. irrelevant information, and how attorneys can review da... Read more
Brad Berkshire and Russ Capps from Planet Data join Joshua Gilliland to discuss mobile forensics. Both discuss collection best practices, strategies, and how they would approach the following hypothetical: Executive at start-up uses personal cell phone for work. Receives work email and personal. Executive is an active texter, who communicates with her family by text and business partners. Executive is sitting at a stoplight whe... Read more
Hearsay is an out of court statement offered for the truth of the matter asserted. Are read receipt emails hearsay? If they are, are the messages party admissions? I discuss these issues and more from Fox v. Leland Volunteer Fire/Rescue Dep’t Inc., 2015 U.S. Dist. LEXIS 30583, 31-32 (E.D.N.C. Mar. 10, 2015).