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).