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.

Strategic Document Review: From Issue Coding to Privilege Logs

Strategy is key to finding relevant and responsive discovery to requests for production. In the case of FlowRider Surf, Ltd. v. Pac. Surf Designs, Inc., the Defendant brought a motion to compel production of documents for all search term “hits” without any relevancy review.1 The Defendant claimed that because their requests for production were “narrowly-tailored
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The Hound of the Boilerplate Objections

Magistrate Judge Andrew Peck is one of the leading judges on ediscovery and a longtime Sherlock Holmes fan. Judge Peck’s opinion in the trademark and copyright case Fischer v. Forrest is a study in scarlet for those who make boilerplate discovery objections.1  Federal Rule of Civil Procedure Rule 34(b)(2)(B)-(C) was supposed to be the Reichenbach
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Tales of Proportionality and Predictive Coding

A funny thing happened in 2015: courts regularly applied proportionality analysis to the scope of discovery and discussed predictive coding like it was normal. Here is the shocking thing: both topics are “normal” and should not be considered earth-shattering. A Case of Proportionality One of the many 2015 cases in which proportionality intersected with predictive
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Privilege review

Privilege review requires planning. Attorneys need to ask: what privileges are at issue in a lawsuit? Who could possibly be claiming a privilege? What are the elements of that privilege? Many parties today include a clawback agreement into their discovery orders. Such clawback agreements require, under the Federal Rules of Evidence Rule 502(b)(2) and (3),
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Ediscovery Search Results

Timing is everything. Lawyers know all too well that we present cases to juries in the form of chronological stories. I learned this on one of the first cases I worked on, where the chronology of when faxes were sent showing a contractual change was evidence of a breach of fiduciary duty owed to the Plaintiff. The chronology
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image, text and native view

Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very educational reading.   Form of Production Overview A producing party can state the form of production in their discovery request, pursuant to Fed.
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Spreadsheet Viewer Highlighting

An excel-lent guest post from Josh, of Bow Tie Law, about ediscovery data in spreadsheets: Many litigation support professionals think Excel files are the bane of discovery.  Attorneys with a fixation on wanting a Bates Stamp on electronically stored information demand Excel files be converted from their native application to a static image, causing one
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