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A concise treatment of all issues relating to electronically stored information (ESI) in litigation today, and a must-own for both civil and criminal practitioners. The authors have substantially rewritten each chapter and added chapters on anticipated changes to the Federal Rules of Civil Procedure governing ESI (which take effect December, 2015), technology-assisted review of ESI, and the use of ESI in criminal cases. Includes extensive treatment of preservation, search for and production of ESI, privilege protection, sanctions, ethical obligations of attorneys with respect to technology, and how the federal rules can be and have been adopted to accommodate digital evidence. Written by the author of the landmark Zubulake opinions and the Sedona Conference, which is at the forefront of thinking and writing on electronic discovery.
Changes in the way evidence is exchanged, namely the emergence of so-called e-discovery, is no exception. Litigaors cannot continue to ignore the fact that as much as 30% of all evidence in maintained in electronic form, Lawyers need to accept the change and use it of possibly face malpractice action.
The third edition of the only comprehensive casebook on electronic discovery and evidence, authored by the field's leading authorities, incorporates the 2015 amendments to the Federal Rules of Civil Procedure; updates case law in the field; and expands discussions of cooperation, proportionality, social media, and professional responsibility obligations. Two new chapters have been added, one on the latest search techniques, including Technology-Assisted Review, that all lawyers must understand; and another on emerging issues with the surveillance, search, and seizure of electronically stored information by law enforcement in criminal cases. This casebook is a 'must' for any course in e-discovery, and an important resource for civil procedure, criminal law, evidence, and ethics courses.
This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.
In a rapidly evolving legal environment, law firms, corporations, and service providers need to redefine theway discovery projects are managed. Project Management in Electronic Discovery merges principles ofproject management and best practices in electronic discovery, providing a pathway to efficient, client-orientedservices and quality deliverables-at scope, on time, and within budget. This practice guide isa perfect reference for attorneys, paralegals, and litigation support professionals. Project Management in Electronic Discovery also includes useful forms and templates. Experiencedpractitioners and aspiring project managers alike can use these materials to plan and execute an electronicdiscovery project. Among the forms included are: Project Charter Project Management Plan Proposed Discovery Plan IT Infrastructure Questionnaire Custodian Interview Form Collection Specification Collection Log Chain of Custody Processing Specification "
One of the hottest topics in computer forensics today, electronic discovery (e-discovery) is the process by which parties involved in litigation respond to requests to produce electronically stored information (ESI). According to the 2007 Socha-Gelbmann Electronic Discovery Survey, it is now a $2 billion industry, a 60% increase from 2004, projected to double by 2009. The core reason for the explosion of e-discovery is sheer volume; evidence is digital and 75% of modern day lawsuits entail e-discovery. A recent survey reports that U.S. companies face an average of 305 pending lawsuits internationally. For large U.S. companies ($1 billion or more in revenue)that number has soared to 556 on average, with an average of 50 new disputes emerging each year for nearly half of them. To properly manage the role of digital information in an investigative or legal setting, an enterprise--whether it is a Fortune 500 company, a small accounting firm or a vast government agency--must develop an effective electronic discovery program. Since the amendments to the Federal Rules of Civil Procedure, which took effect in December 2006, it is even more vital that the lifecycle of electronically stored information be understood and properly managed to avoid risks and costly mistakes. This books holds the keys to success for systems administrators, information security and other IT department personnel who are charged with aiding the e-discovery process. *Comprehensive resource for corporate technologists, records managers, consultants, and legal team members to the e-discovery process, with information unavailable anywhere else *Offers a detailed understanding of key industry trends, especially the Federal Rules of Civil Procedure, that are driving the adoption of e-discovery programs *Includes vital project management metrics to help monitor workflow, gauge costs and speed the process

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