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Ball in your Court

~ Musings on e-discovery & forensics.

Ball in your Court

Monthly Archives: May 2014

A Guide to Forms of Production

19 Monday May 2014

Posted by craigball in Computer Forensics, E-Discovery, Uncategorized

≈ 6 Comments

forms_iconSemiannually, I compile a primer on some key aspect of electronic discovery.  In the past, I’ve written on computer forensics, backup systems, metadata and databases. For 2014, I’ve completed the first draft of the Lawyers’ Guide to Forms of Production, intended to serve as a primer on making sensible and cost-effective specifications for production of electronically stored information.  It’s the culmination and re-purposing of much that I’ve written on forms heretofore, along with new material extolling the advantages of native and near-native forms.

Reviewing the latest draft, there is much I want to add and re-organize; accordingly, it will be a work-in-progress for months to come.  Consider it a “public comment” version.  The linked document includes exemplar verbiage for requests and model protocols for your adaption and adoption.  I plan to add more forms and examples. Continue reading →

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Pilcrow and Thorn. That 70’s Cop Show, Right?

12 Monday May 2014

Posted by craigball in E-Discovery

≈ 2 Comments

I’ve lately been immersed in the minutiae of load files while trying to complete a primer on forms of production and craft a load file exercise for the workbook students will use in the upcoming Georgetown E-Discovery Training Academy.

By the way, there’s still time to register for the ultimate e-discovery master class cum boot camp—a week in Washington, D.C. studying electronic discovery with a dedicated faculty, getting down and dirty with data.  You promised you were going to get your arms around the e-stuff; now is the time, and the Georgetown Academy is the place.  June 1-6, 2014.  I’ll sweeten the pot: Use the code EDTAREFERRAL when registering and take $300.00 off the price.

While sojourning in load file hell, I stumbled upon a tidbit of information I thought other e-discovery groupies might find mildly diverting.

Our Sesame Street words for today are Thorn and Pilcrow.

I refer, of course to the two symbols that serve as familiar field delimiters in Concordance load files; those persnickety text files that carry metadata and other information into e-discovery review tools.  In order for tabular data to be discretely searchable, it has to be set off (“fielded”) from other data by a separator.  On paper, we do this with vertical and horizontal lines, drawing rows and columns.  We literally delineate the fields of data so first names don’t wander into, say, last names or street names.  To accomplish the same end with digital data in load files, we use delimiters, such as commas, tabs or, in the case of Concordance load files, thorns and pilcrows.

A Thorn looks like this: þ and a Pilcrow looks like this: ¶
When seen in a load file, they look like this:

load file

If you’re like me, you’ve been happily calling pilcrows “paragraph symbols” for quite some time, and had no idea that very pregnant capital “I” was called a thorn.

But here’s the cool part: Thorns were very nearly a part of our modern English alphabet.  No kidding.  Apart from our boundless delight communing with thorns in load files, we nearly see a thorn every time we come across some cheesy shop that calls itself “Ye Olde This or That.”  The thorn was once a character standing in for the letter combination “TH” and pronounced the same way.   So, many signs in jolly ol’ England once read “þe” pronounced “the.”

Over time, what with old English scripts and fading paint and such, the thorn morphed into the letter “Y” and all those “þe Olde Curiosity Shoppes” became “Ye Olde Curiosity Shoppes.”  Another explanation is that, with the advent of the printing press, countries like Germany and Italy who exported typefaces didn’t use the thorn in their languages; so, they didn’t make thorn type.  Accordingly, those who thought the letter Y served as a reasonable facsimile started using it in lieu of the thorn.

When you see a thorn in a load file, smile.  We very nearly lost her forever.

Hat tip to http://mentalfloss.com/article/31904/12-letters-didnt-make-alphabet

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Broken Badly: The Anderson Living Trust v. WPX Energy Production

08 Thursday May 2014

Posted by craigball in E-Discovery

≈ 3 Comments

Breaking BrowningU.S. District Judge James Browning is a fine fellow.  There are many reasons to say so; but the first is that, though he sits in New Mexico, he was born in the Great State of Texas.  Judge Browning kindly spoke to my E-Discovery class at the law school in September 2012.  I’d sought him out because he’d been ably grappling with e-discovery issues in a case styled S2 v. Micron.  In his remarks to my class, he splendidly recounted some of the challenges faced by judges who ascended to the bench before the Age of Digital Evidence.  Judge Browning has one of those C.V.s that could make any lawyer hate him (e.g., Yale, varsity letterman, Law Review editor-in-chief, Coif, Supreme Court clerk); but he’s a good judge and a nice guy to boot.

I share my admiration of Judge Browning to underscore that I feel a bit of a rat in expressing misgivings about his recent opinion in The Anderson Living Trust v. WPX Energy Production, LLC, No. CIV 12-0040 JB/LFG. (D. New Mexico March 6, 2014).  I think he got it wrong in some respects–not on the peculiar equities of the case before him, but in his broader analysis of Rule 34 of the Federal Rules of Civil Procedure and in conjuring a Hobson’s choice for requesting parties.  Continue reading →

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