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.

Court Ordered Search of Personal Email Used for Business

Jan 7th, 2019 3m 16s

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).

Rule 34(b)(2)(E) Production Organization Requirements

Dec 29th, 2018 6m 43s

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).

Protecting Fictional Characters

Jul 17th, 2017 54m 24s

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

Protecting Fictional Characters

Jul 13th, 2017 54m 24s

Failure to Show Good Cause for Cost Shifting

Jun 2nd, 2017 6m 59s

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.

Failure to Show Good Cause for Cost Shifting

Jun 2nd, 2017 6m 59s

Rule 37(e) Now in Living Color

Apr 10th, 2016 26m 9s

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 S

The Return of ECA

Apr 6th, 2016 15m 17s

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 t

Tom O'Connor at ASU Arkfeld eDiscovery Conference

Mar 11th, 2016 23m 20s

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.

Objecting with Specificity in Kissing Camels Surgery Ctr., LLC v. Centura Health Corp.

Mar 3rd, 2016 9m 46s

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

Proportionality and Early Discovery: A Discussion on the Amendments to the FRCP

Feb 26th, 2016 33m 48s

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 con

The Importance of Meet & Confers to Resolve Discovery Disputes

Feb 22nd, 2016 5m 14s

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

California eDiscovery Competency

Feb 18th, 2016 15m 54s

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.

Email Discovery with Katie Cullen Montgomerie

Nov 12th, 2015 22m 50s

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

Mobile and Cloud eDiscovery

Nov 3rd, 2015 9m 30s

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

Be Specific to Compel the Producing Party to Label a Production

Sep 23rd, 2015 4m 48s

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).

Proportionality Between Asymmetrical Parties

Sep 14th, 2015 8m 48s

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

Dropbox Non-party PMK Witnesses

Sep 7th, 2015 5m 3s

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 prod

Think Though Your Privilege Review

Sep 3rd, 2015 7m 23s

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 a

Processing Mobile Data for ECA and Review

May 26th, 2015 14m 7s

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

Mobile Forensic Experts Discuss SmartPhone Collection Strategies

Apr 23rd, 2015 26m 9s

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

Are Read Receipt Emails Party Admissions?

Apr 1st, 2015 5m 17s

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 I

Are Read Receipt Emails Party Admissions?

Mar 31st, 2015 5m 17s

Blame It on Rio: Predictive Coding and TAR in 2015

Mar 13th, 2015 19m 5s

Drew Lewis, Esq., and Joshua Gilliland, Esq., discuss the meaning of the Rio Tinto Plc v. Vale S.A., 2015 U.S. Dist. LEXIS 24996, 8 (S.D.N.Y. Mar. 2, 2015), the new Predictive Coding and TAR case by Judge Andrew Peck. The podcast addresses the