Joshua Gilliland

DECEMBER 30, 2015

The duty to preserve is a tricky beast. Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. There are times when it is very obvious that a party should have ejected and pulled the ripcord on not destroying any evidenced. This is one of those times.

Defendant 52

Defendant Lawsuit Litigator Litigation 52

Joshua Gilliland

DECEMBER 22, 2015

The new Federal Rules of Civil Procedure are not as exciting as Star Wars The Force Awakens , but there differently has been an awakening on proportionality. There are those who fear eDiscovery, thus feel the new Rule 26 empowers them to object to every request for production on the grounds the request is not proportional to the merits of the case. Such thinking leads to the Dark Side.

Defendant 52

Defendant Judge Court Litigator 52

Joshua Gilliland

DECEMBER 10, 2015

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. That position is wrong. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. This can be accomplished using one of the many eDiscovery review applications, leveraging search terms, advanced analytics, time lines, predictive coding, and knowing t

e-discovery 52

e-discovery e-records Defendant e-filing 52