
Bow Tie Law eDiscovery Podcasts
Joshua Gilliland, Esq., from the Bow Tie Law blog, discusses eDiscovery concepts including form of production, undue burden, search terms, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence.
Episodes
38 episodes
Adequate Privilege Logs for Corporate Parties
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.
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8:03

Court Ordered Search of Personal Email Used for Business
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).
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3:16

Rule 34(b)(2)(E) Production Organization Requirements
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 differen...
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6:43

Protecting Fictional Characters
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 ...
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54:24

Failure to Show Good Cause for Cost Shifting
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.
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6:59

Are Read Receipt Emails Party Admissions?
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...
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5:17

Demonstrating Inadequate Productions with Analytics
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 inadequ...
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20:30

Craig Ball On the Form of Production
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 pr...
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48:09

A Discussion on Judge Illston's Kwan Software Opinion
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,...
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34:42

Cloud Email Collection Best Practices
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. L...
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16:17

Analyzing Judge Cherry's Form of Production Order
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.
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32:28

Understanding Initial Disclosures & Using eDiscovery Applications
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.
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9:19

Effective Project Management & the Duty of Competency
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 ...
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21:11

Taxation of Costs & Recovering Hosted Review
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)....
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9:35

Google Searches, Cell Phones & Broken Computers_ How Discovery Gets Messy
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).
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5:57

Remote Depositions & Forward Thinking Judges
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.
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6:21

Processing, Productions & Family Relationships
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 re...
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8:45

Overview of the Proposed Federal Rule of Civil Procedure Amendments
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.
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29:55

Authenticating Social Media
Attorney Josh Gilliland & Jason Krause discuss authenticating social media evidence at trial.No part of this recording should be considered legal advice.
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18:49

Protecting Privilege
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.
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18:41

Technology Assisted Review, Predictive Coding & eDiscovery
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.
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23:15

Shepherding eDiscovery_ A Discussion with Christine Chalstrom, Esq.
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.
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2:49

Video Depositions & Remote Video Deposition Overview
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 depo...
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6:20
