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© 2021 Bow Tie Law eDiscovery Podcasts
Description
Joshua Gilliland, Esq., from the Bow Tie Law blog, discusses eDiscovery concepts including form of production, undue burden, search terms, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence.
43 Episodes
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Discussion of adequate privilege logs in In re Abilify (Aripiprazole) Prods. Liab. Litig., No. 3:16-md-2734, 2017 U.S. Dist. LEXIS 213493 (N.D. Fla. Dec. 29, 2017) and and strategies for using review applications.
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).
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 Galactica, and the fan film Star Trek Axanar. The material will cover what works of art are protected, what are not, and what is allowable for fan films.
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.
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).
Carolyn Young joined Joshua Gilliland to discuss how to set-up for discovery review, the different types of analytics that can assist in document review, and how analytics can be used to determine whether an opposing production was inadequate.
Attorneys Craig Ball and Josh Gilliland discuss Anderson Living Trust v. WPX Energy Prod., LLC, 2014 U.S. Dist. LEXIS 31025, 3-4 (D.N.M. Mar. 6, 2014) and go into detail on FRCP Rule 34(b)(2)(E), organizing productions, and being able to use productions in a case.
Attorneys Joshua Gilliland and Christine J. Chalstrom, CEO of Shepherd Data, discuss the requirements for recovering eDiscovery costs and examine the service provider invoices in Kwan Software Eng’G v. Foray Techs., 2014 U.S. Dist. LEXIS 63933, 10-19 (N.D. Cal. May 8, 2014), where a prevailing party sought $61,548.65 in costs and got $7,106.65. Josh and Chris offer their thoughts on how to better document eDiscovery costs.
Noah Blum, Senior Forensic Analyst, Advanced Discovery, joined Josh Gilliland to discuss best practices in collecting cloud email in a forensically defensible manner. Josh briefly discussed two 2014 cases involving Gmail collection, Sexton v. Lecavalier, 2014 U.S. Dist. LEXIS 50787, 5-8 (S.D.N.Y. Apr. 11, 2014) and Owens v. Clear Wireless LLC, 2014 U.S. Dist. LEXIS 26698, 4-6 (D. Minn. Mar. 3, 2014).
Drew Lewis and Josh Gilliland breakdown EEOC v. SVT, LLC, 2014 U.S. Dist. LEXIS 50114, 3-4 (N.D. Ind. Apr. 10, 2014). Drew and Josh discuss the form of production, why Judge Cherry's order is important, and best practices for attorneys.
Attorney Joshua Gilliland provides an overview of Initial Disclosures under FRCP Rule 26(a) and how to use eDiscovery applications to identify ESI that supports your claims or defenses.
Cases such as In re Delta/AirTran Baggage Fee Antitrust Litig., 2012 U.S. Dist. LEXIS 13462, 41-43 (N.D. Ga. Feb. 3, 2012) and Coquina Invs. v. Rothstein, 2012 U.S. Dist. LEXIS 108712, 4-5 (S.D. Fla. Aug. 3, 2012) (TD Bank) are case studies in project management failures. Howard Reissner – Planet Data CEO, David Cochran (Planet Data COO) and Josh Gilliland discuss the duty of competency, how it requires effective project management and best practices for managing an e-discovery.
Josh Gilliland discusses the recovering costs for hosted review in Massuda v. Panda Express, Inc., 2014 U.S. Dist. LEXIS 4956, at *21 (D. Ill. 2014) and Ancora Techs., Inc. v. Apple, Inc., 2013 U.S. Dist. LEXIS 121225 (N.D. Cal. Aug. 26, 2013).
Attorney Joshua Gilliland reviews how broad discovery can be with electronically stored information from Lozoya v. All Phase Landscape Constr., Inc., 2014 U.S. Dist. LEXIS 7135, at *5. (D. Colo. Jan. 21, 2014).
Josh discusses Hernandez v. Hendrix Produce, Inc., 2014 U.S. Dist. LEXIS 4837 (S.D. Ga. Jan. 9, 2014) and Judge G.R. Smith who ordered the parties to confer over using Skype for a remote deposition.
Josh dicusses Skepnek v. Roper & Twardowsky, LLC, 2014 U.S. Dist. LEXIS 11894 (D. Kan. Jan. 27, 2014) to explore ways to collect data, the processing of electronically stored information and the importance of maintaining the parent-child relationship between email and attachments
Attorney Joshua Gilliland discusses the proposed amendments to the Federal Rules of Civil Procedure on eDiscovery. Jason Krause of Nextpoint reviews the history of the Rules between 2003 to 2006.
Attorney Josh Gilliland & Jason Krause discuss authenticating social media evidence at trial.No part of this recording should be considered legal advice.
Attorney Josh Gilliland from the Bow Tie Law Blog and Jason Krause from Nextpoint discuss Federal Rule of Evidence 502, privileges and creating privilege logs.
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