Author: H. S. E. HSE Publishing Co.
Release Date: 2016-08-27
2017 Edition. A current edition of the Federal Rules of Civil Procedure is a critical resource for lawyers, paralegals and law students. The same can be said for the Advisory Committee Notes that can be extremely useful in understanding and applying the Rules. This book contains both of these authorities and is current through December 1, 2016, absent contrary action from Congress. In addition, this book discusses recent case law addressing Rule 37(e), perhaps the most significant change in the 2015 amendments to the Rules, governing sanctions for failure to preserve electronically stored information. This book contains the information you need in an easy-to-read format at a low cost.
Author: Kyle C. Bisceglie
Release Date: 2016-11-09
Comprehensive in scope, New York e-Discovery and Evidence: • Describes the creation, storage, and production of electronically stored information. • Suggests how to deal with the dynamic information stored in metadata. • Discusses the need to avoid spoliation and retrieve, restore, or translate the material before it is produced. • Examines issues regarding relevance and privilege. • Explains how to use electronically stored information at trial. Targeted Practical Guidance: • Task-based checklists, with cites to applicable court rules and case law, take litigators step-by-step through the various areas of e-discovery. A master checklist serves as a starting point for performing any task in the e-discovery process. • Real World Practice Tips-- including strategic points, warnings, timing and exceptions -- raise critical issues and prevent missteps. • Dozens of easily downloaded attorney-drafted and court-tested forms save time and streamline work flow.
Author: Adam I. Cohen
Publisher: Aspen Publishers Online
Release Date: 2011-12
Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.
Author: Barbara Allen Babcock
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-05-12
With lightly-edited cases, both classic and contemporary, and engaging hypothetical problems, the sixth edition of Civil Procedure: Cases and Problems promotes the analysis and understanding of both governing procedural rules and underlying doctrinal complexities. The casebook also emphasizes the social and economic contexts animating modern procedural problems and reforms as well as the constitutional dynamics underlying federal jurisdiction.
Author: Federal Judicial Center (U S )
Publisher: Government Printing Office
Release Date: 2017-08-18
This third edition reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments. This third edition also reflects the rise of new devices on which electronically stored information (ESI) is created and stored, such as smartphones and new sources of ESI, such as social medial This guide updates judges on how ESI may be searched and also suggests case management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits. Examples of Electronically stored information (ESI) include email messages, word-processing files, webpages, and databases that are created and stored on computers, magnetic disks (i.e. computer hard drives), optical disks (i.e. DVDs and CDs), and flash memory (i.e. thumb or flash drives). Additionally, ESI is stored on cloud-based servers often hosted by third parties that can be accessed through internet connections. Unlike paper documents, ESI can be produced (formatted) in different forms and stored in numerous places, plus metadata is often stored within the electronic document that is not available in printed format, such as dates of file creation, file revisions, etc. The choice and form of production was not an issue with paper discovery, but it can lead to disputes in ESI discovery. Related products: Mindfulness and Judging is available here: https://bookstore.gpo.gov/products/mindfulness-and-judging Elements of Case Management is available here: https://bookstore.gpo.gov/products/elements-case-managment Federal Rules of Civil Procedure as of December 1, 2016 can be found here: https://bookstore.gpo.gov/products/federal-rules-civil-procedure-2016 Cyber Infrastructure Protection, Volume III available here: https://bookstore.gpo.gov/products/cyber-infrastructure-protection-volume-iii
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
Release Date: 2017-01-01
This pocket guide is designed to help federal judges manage the discovery of electronically stored information (ESI). It encourages judges to actively manage those cases involving ESI, raising points for consideration by the parties rather than awaiting the parties' identification and argument of the matters. The guide covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work-product protection, and the preservation of data and spoliation. As you are reading, you may encounter some unfamiliar terms. Many of these terms are defined in a glossary at the end of the guide.
Author: Michele C. S. Lange
Publisher: American Bar Association
Release Date: 2004-01-01
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.
Author: Ashley S. Lipson
Release Date: 2017-10-13
REVISION 14 HIGHLIGHTS This update of Ashley Lipson’s Guerrilla Discovery adds new case law throughout the book, plus changes to these sections: New or Revised Sections Chapter 3. Electronic, Digital and Other Media •§3.61 Stipulated ESI and Hard Copy Protocol •§3.62 Protocol For Computer Assisted Review and Predictive Coding •§3.30 Terminology •§3.55 Predictive Coding •§3.60 Protocols Chapter 4. Weapon Selection and Attack •§4.22 Federal Rule 26 [Annotated] Duty to Disclose; General Provisions Governing Discovery • Chapter 5. Requests for Admissions •Form 5.1 Requests for Admissions Chapter 6. Interrogatories •§6.52 Rules of Construction Chapter 8. Requests for Inspections •§8.50 Constructing Your Requests •§8.63 Spoliation Chapter 10. Depositions •§10.50 Scheduling and Taking the Deposition •§10.53 How to Combat Obnoxious Lawyers
Author: Ann D. Zeigler
Release Date: 2016-02-18
The ability to preserve electronic evidence is critical to presenting a solid case for civil litigation, as well as in criminal and regulatory investigations. Preserving Electronic Evidence for Trial provides everyone connected with digital forensics investigation and litigation with a clear and practical hands-on guide to the best practices in preserving electronic evidence. Corporate management personnel (legal & IT) and outside counsel need reliable processes for the litigation hold – identifying, locating, and preserving electronic evidence. Preserving Electronic Evidence for Trial provides the road map, showing you how to organize the digital evidence team before the crisis, not in the middle of litigation. This practice handbook by an internationally known digital forensics expert and an experienced litigator focuses on what corporate and litigation counsel as well as IT managers and forensic consultants need to know to communicate effectively about electronic evidence. You will find tips on how all your team members can get up to speed on each other’s areas of specialization before a crisis arises. The result is a plan to effectively identify and pre-train the critical electronic-evidence team members. You will be ready to lead the team to success when a triggering event indicates that litigation is likely, by knowing what to ask in coordinating effectively with litigation counsel and forensic consultants throughout the litigation progress. Your team can also be ready for action in various business strategies, such as merger evaluation and non-litigation conflict resolution. Destroy your electronic evidence, destroy your own case—learn how to avoid falling off this cliff Learn how to organize the digital evidence team before the crisis, not in the middle of litigation Learn effective communication among forensics consultants, litigators and corporate counsel and management for pre-litigation process planning Learn the critical forensics steps your corporate client must take in preserving electronic evidence when they suspect litigation is coming, and why cheerful neglect is not an option
Author: Kevin Clermont
Publisher: Foundation Press
Release Date: 2017-04-03
Updated to include the latest amendments and proposals, this statutory supplement provides the clearest and most useful collection of statutes and rules for courses in civil procedure-even including a sample set of local rules. The Supplement's unique organizational structure presents much information, but manages to do so without sacrificing a clean and usable presentation of the rules. A clever system of annotation succinctly explains amendments, and a separate presentation of the advisory committee notes now grouped by rule allows inclusion of red-lined versions of the rules, thus making the notes easy to understand and enabling reconstruction of the versions formerly in effect. This presentation reflects the fact that advisory committee notes are as important to a theoretical study of civil procedure as to a doctrinal or practical approach. Receive complimentary lifetime digital access to the eBook with new print purchase.
Author: Margaret M. Koesel
Publisher: American Bar Association
Release Date: 2006
This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.