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Blogs about: Form Of Production

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New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”3 comments

bowtielaw wrote 5 days ago: In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the … more →

Tags: e-discovery, electronically stored information, ESI, request for production, Motion to Compel, Native File Production

Case Blurb: Mformation Technologies; Court discusses document dumps and the meaning of 'maintained in the usual course of business'

rjbiii wrote 6 days ago: Courts have struggled with the interpretation of Fed. R. Civ. P. 34 which allows production as docum … more →

Tags: 10th Circuit, Case Blurbs, D. Kan., data dump, FRCP 34, Magistrate Judge Donald W. Bostwick

Case Blurb: Covad; Don't blame the processing platform

rjbiii wrote 3 months ago: Post Process: Previous decisions in this contentious case required, among other things, that the pro … more →

Tags: 4th Circuit, Case Blurbs, ddc, EDD Processing, EDD Vendors, Magistrate Judge John M. Facciola

Production Madness: The Covad Story Continues with New ESI Pitfalls1 comment

bowtielaw wrote 3 months ago: Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and … more →

Tags: e-discovery, electronically stored information, eMail, ESI, Imaging Hard Drives, Motion to Compel, request for production

Get Out the Check Book for Translating ESI into a Reasonably Usable Form in California

bowtielaw wrote 3 months ago: California Code of Civil Procedure 2031.280(e) states, in relevant part: If necessary, the respondin … more →

Tags: California Electronic Discovery Act, Discovery, e-discovery, electronically stored information, ESI, Reasonably Accessible, Reasonably Useable Form, request for production

California Rules on the Form of Production2 comments

bowtielaw wrote 3 months ago: Discussing the California Electronic Discovery Act provisions on stating the form of production in a … more →

Tags: Discovery, e-discovery, request for production

Don’t Argue Imaginary ESI Production Problems6 comments

bowtielaw wrote 3 months ago: In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production argu … more →

Tags: e-discovery, Document Review, Motion to Compel, Metadata, Native File, ethics, OCR, Tiff, electronically stored information

Rock Opera Discovery of Archived ESI

bowtielaw wrote 3 months ago: In re In re Operadora DB Mex., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), is the story of … more →

Tags: request for production, Discovery, electronically stored information, ESI, Reasonably Accessible, Meet & Confer, e-discovery

Swimming in the Deep End: Treading Water in e-Discovery Cases3 comments

bowtielaw wrote 4 months ago: This motion centers on electronic discovery. The proper handling of electronic discovery is a new an … more →

Tags: Discovery, e-discovery, electronically stored information, ESI, Metadata, OCR, request for production

Motion to Compel Camera Phone Photo

bowtielaw wrote 5 months ago: Just as the Def Leppard Song Goes: All I got is a photograph — and it is not enough. (from the … more →

Tags: Discovery, e-discovery, electronically stored information, eMail, ESI, request for production

Follow the Court Order: If You are Ordered to Produce Searchable PDF’s, Don’t Produce TIFFs without Searchable Text

bowtielaw wrote 5 months ago: Gamesmanship is the harbinger of bad lawyer reputations.  Not obeying Court orders can be the death … more →

Tags: e-discovery, request for production, Motion to Compel, Discovery, deposition, Tiff, electronically stored information, ESI, Native File Production

Procrastination and Objecting to the Form of Production Don’t Mix1 comment

bowtielaw wrote 6 months ago: It is beyond cavil that this entire problem could have been avoided had there been an explicit agree … more →

Tags: e-discovery, request for production, Motion to Compel, Discovery, Metadata, Tiff, electronically stored information, ESI, Native File Production

Name that Form of Production: Converting ESI to TIFF without Metadata is Not a Reasonably Useable Form1 comment

bowtielaw wrote 7 months ago: Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2009 U.S. Dist. LEXIS 21250 (M.D. Fla. Mar. 4, … more →

Tags: e-discovery, Document Review, Discovery, Metadata, Native File, ethics, Tiff, eMail, electronically stored information

Check Please: Challenging a PDF Form of Production1 comment

bowtielaw wrote 7 months ago: Rahman v. Smith & Wollensky Rest. Group, Inc., is an employment discrimination case where the De … more →

Tags: e-discovery, request for production, Discovery, pdf

Court Orders OCR of Scanned Paper Documents, or Don't Go to Court Claiming OCR will Cost $200,0001 comment

bowtielaw wrote 9 months ago: “OCR, while perhaps not absolutely necessary to litigation, is a tool that greatly decreases t … more →

Tags: Discovery, Document Review, OCR, request for production, Tiff

Whose Search Term is it Anyway? 1 comment

bowtielaw wrote 9 months ago: In Spieker v. Cherokee, 2008 U.S. Dist. LEXIS 88103 (D. Kan. Oct. 30, 2008), the parties became enta … more →

Tags: Document Review, Search Terms, request for production, Motion to Compel, Discovery, e-discovery, Litigation Support

Case Blurb: Covad Communs Co.; Court examines form of production dispute

rjbiii wrote 9 months ago: On August 4, 2008, [Producing Party] advised [Requesting Party] that it had additional responsive do … more →

Tags: Case Blurbs, 4th Circuit, In the Ordinary Course of Business, FRCP 26(f), Magistrate Judge John M. Facciola, ddc, FRCP 34(b)

Production of Metadata and the Importance of the Meet & Confer Process1 comment

bowtielaw wrote 9 months ago: This lawsuit demonstrates why it is so important that parties frilly discuss their ESI early in the … more →

Tags: e-discovery, Document Review, request for production, Motion to Compel, Discovery, Metadata, Native File

Production of Text Messages Protocol

bowtielaw wrote 9 months ago: The sensitivity courts are showing to text messages and public employees’ reasonable expectati … more →

Tags: Document Review, text-messages, reasonable expectation of privacy, Discovery, e-discovery, Text Message, request for production


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