Joshua Gilliland – Bow Tie Law Blog


Santa Clara, California 95054, United States

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Letter Supporting Publication of Shanahan v. Superior Court

Letter supporting the publication of the Court of Appeals decision in Shanahan v. Superior Court…more
| Civil Procedure

Piercing the Work Product Doctrine: Gamesmanship with Locked PDF’s

The Plaintiffs in Mack v. HH Gregg, Inc. sued the Defendants for breach of contract over the alleged failed installation of dryers. The parties agreed the Defendants would produce a “summary of its dryer installation invoices…more
| Civil Procedure, Electronic Discovery

What Does a TRO Look Like to Preserve & Produce ESI?

The Federal Trade Commission filed for a permanent injunction and temporary restraining order against the Defendants for violation of the Federal Trade Commission Act. The FTC sought the preservation of the Defendants’ “…assets…more
| Civil Procedure, Electronic Discovery

Don’t Tell the Court “Keine Rechtsprechung”

In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company entered into a contract with a German company to sell electronic discovery forensic software in Germany…more
| Civil Procedure, Electronic Discovery

e-Discovery Civil Procedure: Three Email Messages Do Not Establish Personal Jurisdiction

Pelowski v. Pipe, 2010 Cal. App. Unpub. LEXIS 549, 14-15 (Cal. App. 1st Dist. Jan. 26, 2010) is case where the Plaintiff’s appealed the judgment of dismissal of a Defendant based on the lack of personal jurisdiction. The…more
| Civil Procedure, Civil Remedies, Electronic Discovery

5150 Texting, Drinking & Guns Don’t Match

A man was prohibited from owning fire arms and appealed the decision. The road leading up to the gun ban started on November 2, 2008…after fighting and texting with his girlfriend. People v. Akers, 2010 Cal. App. Unpub. LEXIS…more
| Electronic Discovery

The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with a German company. …more
| Civil Procedure, Electronic Discovery

Tweeting Contempt: Trademark Infringement on Twitter

The story of a motion enforce judgment and an order to show cause for contempt from a party's usage of another party's trademark on Twitter. …more
| Civil Procedure, Electronic Discovery

Social Networking & Blogging Sneaks into a Supreme Court Opinion

The epic United States Supreme Court opinion on campaign finance reform sneaked in a passage on social networking and Free Speech…more
| Constitutional Law

Enforcing Injunctions Against 3rd Parties in Online Defamation

The Plaintiffs in Blockowicz v. Ramey were victims of online defamation on social networking and other websites. The Plaintiffs were successful in getting a default judgment against the Defendants and an injunction to remove…more
| Civil Procedure, Civil Remedies, Electronic Discovery

The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. The resulting stop and arrest gives us an unpublished opinion where a warrantless search of a cell phone produced admissible…more
| Criminal Law, Electronic Discovery

No Reasonable Expectation of Privacy in Abandoned CD’s

A criminal defendant was convicted of possession of child pornography, based on CD’s and other media he left after vacating an apartment. The Supreme Court of New Hampshire found he had no expectation of privacy in the…more
| Criminal Law, Electronic Discovery

In the War of the Roses, It is Best to Change Your Email Password

In Gurevich v. Gurevich, 2009 NY Slip Op 29191 (N.Y. Sup. Ct. 2009), the estranged wife had her ex-husband’s email password since their separation in 2006. The wife accessed the husband’s email account and claimed to find email…more
| Civil Remedies, Electronic Discovery, Privacy

Discovery Games in Gaming Litigation

The Plaintiffs brought a motion to strike and a motion for sanctions for discovery misconduct in responding to requests for electronically stored information. Maggette v. BL Dev. Corp., 2009 U.S. Dist. LEXIS 116789 (N.D. Miss…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Federal Rule of Evidence 502(b): Not to be Gutted Like a Fish

Magistrate Judge Facciola addressed Federal Rule of Evidence Rule 502(b) with the inadvertent disclosure of a memorandum protected by the work product doctrine, in a case involving an officer with the DC Department of…more
| Civil Procedure, Electronic Discovery
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