Bow Tie Law’s Blog
"About e-discovery issues in litigation, including the application of the Federal Rules of Civil Procedure and Federal Rules of Evidence to technology, Web 2.0, text messages, instant messages and applying traditional legal principles to 21st-century realities."
Author: Joshua Gilliland is a San Francisco Bay Area attorney who has conducted dozens of e-discovery seminars and webinars.
Blawg Related Categories: Civil Procedure • Internet Law • Law Practice Management • Legal Technology • Trials & Litigation • Evidence
Recent Posts from Bow Tie Law’s Blog
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Extra! Extra! No Tweeting in Court!
In United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v.…
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BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions
Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered. Not with horses, but with adverse…
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In the Eye of the Beholder: The Relevance of Facebook Evidence
Social networking litigation will be written by the end users of those websites. In Bass v Miss Porter’s School, the Defendant school sought from the Plaintiff discovery of her alleged teasing and taunting on Facebook.…
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If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)
In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the Defendants’ initial disclosures…
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Things to Think About for Your Rule 26(f) Meeting…
In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information…
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Out of the Holding Pattern: Preservation Best Practices and Recent Litigation Hold Cases with John Jablonski, Esq. and Joshua Gilliland, Esq.
Please join D4 on October 28, 2009 at 12:00 pm Pacific Time and 3:00 PM Eastern Time for the webinar “Out of the Holding Pattern.” To register, please click here. Recent case law…
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Speedy Delivery: Compelling Imaging & Searching of Everything
In a contract dispute regarding a shipping vendor, the Plaintiff brought a motion to compel the collection and processing of the entire contents of Defendants’ hard drives, network drives, and user files. Unishippers Global Logistics,…
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Proving Up Destroyed ESI is Favorable to Your Position is Hard to Do
In an ADA employment case, the Plaintiff sought spoliation sanctions and an adverse inference instruction for the destruction of electronically stored information (ESI). Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009). The…
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The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure Rule 37(c)(1)
Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of Oracle software over…
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A Helicopter Parent’s Weapon of Choice: Facebook Photos
Laningham v. Carrollton-Farmers Branch Indep. Sch. Dist., 2009 U.S. Dist. LEXIS 86305 (N.D. Tex. Sept. 17, 2009) is a factual intense case of a cheerleader claiming unconstitutional gender bias on alleged cheerleader on cheerleader sexual…