Bow Tie Law

Joshua Gilliland, Esq., is a California attorney and nationally-recognized thought leader on electronic discovery with his blog “Bow Tie Law.” Josh also ties a mean bow tie.

Proportionality Before Dessert

Proportionality in any case is a balancing of interests—whether the burden or expense of the proposed discovery outweighs its likely benefit. A basic question to ask of all discovery, is how does the requested information help resolve the claims in the case? What is the cost of acquiring the information? What is the value of
Read More

Everyday Discovery Disputes and the Need for Redacting Spreadsheet Cells

Magistrate Judge David Waxse’s Williams v. Sprint/United Mgmt. Co. opinion in 2005 was likely the first to address the challenges of redacting spreadsheets. The discovery disputes in the Williams I opinion included 1) an order to show cause why metadata was scrubbed from spreadsheets; 2) the need for redaction of Social Security Numbers; and 3)
Read More

document review

Document review can be a lengthy and involved process, with complex searches and multiple attorneys assigned to review potentially responsive data. Attorneys can rightfully ask, after diligently reviewing their search term reports and predictive coding hits, just when are we done with document review? The answer is not as simple as when every email is
Read More

Lessons in Document Review from the JFK Files

50 Years of Document History Last month, the National Archives released thousands of documents related to the 1963 assassination of President John F. Kennedy. This document release has taken the political and ediscovery worlds by storm, and for good reason. Reviewing the JFK files is a deep dive into historical document review, and these records
Read More

Finding the near duplicate

Discovery in any case can be highly repetitive. Documents such as invoices, receipts, and forms can appear in a document review as near-duplicates that are over 90% identical. The less than 10% of documents that are different could be highly critical to a case, such as the amounts on invoices where there are alleged fraudulent
Read More

request spreadsheet discovery

The key discovery in a case is usually a limited number of documents, sometimes just one specific record. The goal of document review is to efficiently find responsive data in a time effective manner. Spreadsheets are often key evidence in a case and can prove crucial information about anything from transfer of money, to safety
Read More

What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? Everlaw’s new production modification tools can update a production to claw back privileged records.  Records that were produced can be replaced with placeholders with
Read More