Bow Tie Law eDiscovery Podcasts

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.

Joshua Gilliland, Esq., and Christine Chalstrom, Esq. of Shepherd Data discuss the basics of Technology Assisted Review, predictive coding and how to use TAR in civil litigation.

Attorney Joshua Gilliland (@bowtielaw) sat down with Christine Chalstrom of Shepherd Data to discuss electronic discovery, training for attorneys and her favorite video game. No part of this recording should be considered legal advice.

Josh Gilliland, attorney blogger for www.bowtielaw.com, discusses benefits of using video depositions, advantages and cost-savings of using remote depositions, and case examples allowing remote video depositions. No part of this recording should be considered legal advice.

A review of the elements of negligence, focusing on jury instructions from California, Pennsylvania and New Mexico. No part of this recording should be considered legal advice.

Attorney Josh Gilliland discusses using video depositions at trial, including trial presentation editing tips, best practices and legal requirements under California law. No part of this recording should be considered legal advice.

Overview of procedural and evidentiary deposition objections under the Federal Rules of Civil Procedure and the Federal Rules of Evidence.No part of this recording should be considered legal advice.

Disclosure requirements for expert witnesses and written reports underFederal Rule of Civil Procedure Rule 26.No part of this recording should be considered legal advice

Explanation of the Marital Privilege and requirements for an effectiveprivilege log. Case examples include Gooden v. Ryan's Rest. Group,Inc., 2006 U.S. Dist. LEXIS 74944, 7-9 (W.D. Ky. Oct. 12, 2006) andUnited States v. Yim, 2012 U.S. Dist. LEXIS 5999 (W.D. Wash. Jan. 19,2012).(No part of this recording should be considered legal advice.

Josh Gilliland explains the Best Evidence Rule under the Federal Rulesof Evidence, Rules 1002 and 1003 with case examples of instant messages and email messages.No part of this recording should be considered legal advice.

Joshua Gilliland, attorney blogger for www.bowtielaw.com and www.thelegalgeeks.com, discusses Relevance under the Federal Rules of Evidence and the California Evidence Code (No part of this recording should be considered legal advice).

Attorney Joshua Gilliland, blogger for www.bowtielaw and www.thelegalgeeks.com, reviews Federal Rules of Evidence Rules 404(a), 607 and 608 on character evidence, a witness' reputation for truthfulness and social media in litigation. No part of this recording should be considered legal advice.

An overview of the Hearsay Rule under the Federal Rules of Evidence.

Joshua Gilliland, attorney blogger for www.bowtielaw.com and www.thelegalgeeks.com, discusses Authentication under the Federal Rules of Evidence and the California Evidence Code (No part of this recording should be considered legal advice).

Legal Geek Joshua Gilliland, Esq., blogger for www.bowtielaw.com, discusses undue burden in electronic discovery.No part of this recording should be considered legal advice.

Joshua Gilliland, attorney blogger for www.bowtielaw.com and www.thelegalgeeks.com, discusses Federal Rule of Civil Procedure Rule 34(b)(2)(E) and production requirements for documents and electronically stored information. (No part of this recording should be considered legal advice).

Legal Geek Joshua Gilliland, Esq., blogger for www.bowtielaw.com, discusses the form of production in eDiscovery. Josh reviews Federal Rule of Civil Procedure Rule 34 and one recent case. (No part of this recording should be considered legal advice).

Joshua Gilliland, attorney blogger for www.bowtielaw.com and www.thelegalgeeks.com, discusses Federal Rule of Civil Procedure Rule 26(a), timing for the meet and confer under Rule 26(f), the Rule 16(b) scheduling conference and exclusion for non-disclosure under Rule 37(c)(1). (No part of this podcast should be considered legal advice).

Joshua Gilliland eDiscovery attorney and blogger for @bowtielaw and @thelegalgeeks provides an overview of eDiscovery, including defining electronically stored information under the Federal Rules of Civil Procedure and the California eDiscovery Act, discusses the form of production, initial disclosures, the different types of metadata, extracted text and OCR, and document review.No part of this recording should be considered legal advice.