E-Discovery: Current Trends and Cases

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American Bar Association, 2008 - Law - 315 pages
This book introduces the exciting new field of electronic discovery, and explains the latest trends and cases in an interesting and easy-to-read manner. The book is derived from a popular Internet blog on an e-discovery by a senior attorney at a large national law firm. It includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues.
 

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Contents

Introduction to eDiscovery
1
INTELLECTUAL FOUNDATION OF ELECTRONIC DISCOVERY
14
TOP TRENDS IN EDISCOVERY NOTED AT ILTA CONFERENCE
17
US SUPREME COURT JUSTICE SPEAKS OUT ON EDISCOVERY
29
TOP TEN REASONS EDISCOVERY IS A MAJOR HEADACHE FOR MOST COMPANIES AND LAWYERS
32
NATIONAL EDISCOVERY COUNSEL AND THE 98 RULE
36
THE ADMISSIBILITY OF ELECTRONIC EVIDENCE
37
SECOND EDITION OF THE SEDONA PRINCIPLES AND THE NEED FOR PROPORTIONALITY
39
ADVERSE INFERENCE ENTERED AGAINST PLAINTIFF EMPLOYEE
150
THE CASE OF THE MIDNIGHT HACKER
151
PLAINTIFFS EDISCOVERY SKULLDUGGERY LEADS TO FURTHER PUNISHMENT BY THE COURT
152
Metadata
157
WHEN SHOULD METADATA BE PRODUCED?
158
METADATA MISTAKE BY TOP SPY AGENCY
167
OBJECTIONS TO REQUESTS FOR NATIVE FORMAT PRODUCTION
169
PLAY IT LIKE IT LIES AND NO MULLIGANS
172

THE SEDONA CONFERENCE RELEASES TWO NEW MUSTREAD COMMENTARIES ON EMAIL MANAGEMENT AND LEGAL HOLDS
44
INFORMATION EXPLOSION AND THE FUTURE OF LITIGATION
50
New Ethical Standards for eDiscovery
55
SANCTIONS IMPOSED UNDER RULE 26g FOR NEGLIGENT COLLECTION AND PRESERVATION
65
SANCTIONS FOR EDISCOVERY ABUSESIS THE ATTORNEY TO BLAME?
69
ABA FIRST ANNUAL NATIONAL INSTITUTE ON EDISCOVERY
70
NEW YORK JUDGES TOP TEN TIPS
72
The New Rules for eDiscovery
77
NEW RULES WENT INTO EFFECT
78
COMPANIES NOT READY FOR NEW RULES
79
AN EDISCOVERY CLE
80
REVOLUTIONARY EFFECT OF REVISED RULES 16b AND 26f?
82
DO THE NEW RULES DISCOURAGE IT IMPROVEMENTS?
84
EMPLOYER ALLOWED TO MIRROR EMPLOYEES HOME COMPUTERS AND OBTAIN INACCESSIBLE ESI
91
RULE 37 AND THE SUPREME COURT ON DOCUMENT DESTRUCTION
94
RULE 37f SAFE HARBOR REQUIRES ROUTINES THAT MOST COMPANIES LACK
98
JUDGE SHIRA A SCHEINDLIN VIDEO ON THE NEW RULES IS NOW ONLINE
101
MODEL ELECTRONIC DISCOVERY ORDER UNDER THE NEW RULES
104
UNIFORM LAW COMMISSION APPROVES MODEL EDISCOVERY RULES
106
ABA CIVIL DISCOVERY STANDARDS ON EDISCOVERY AND TECHNOLOGY
111
Spoliation and Sanctions
113
GHOSTSURF WIPEOUT LEADS TO JAIL ORDER SANCTION IN BANKRUPTCY COURT
116
IT TECHS FASTTALK HAD ZERO PERSUASIVE VALUE WITH JUDGE
124
JUDGE TRASHTALKS THE GOVERNMENT FOR ITS DISCOVERY ABUSES
129
SHOULD A LITIGATION HOLD INCLUDE BACKUP TAPES?
133
EMAIL WOES HIT MORGAN STANLEY AGAIN
137
MORGAN STANLEY WINS TWO
139
SCORCHEDEARTH LITIGATION TACTICS
142
COURT DISAPPROVES DEFENDANTS HIDE THE BALL DISCOVERY GAMESMANSHIP
144
NO SPOLIATION SANCTIONS FOR MISSING PORN ON POLICE COMPUTERS
146
MSG IS BAD FOR YOU
173
Search and Review of ESI
177
SEDONAS NEW COMMENTARY ON SEARCH AND THE MYTH OF THE PHARAOHS CURSE
178
KEYWORD SEARCHES VERSUS CONCEPT SEARCHES
186
WHEN SHOULD YOU SEARCH FOR DELETED FILES?
191
SHOULD YOU SAVE AND SEARCH INTERNET CACHE?
195
NONCHALANT REVIEW CAUSES WAIVER OF ATTORNEYCLIENT PRIVILEGE
200
LOUIS VUITTON SANCTIONED FOR SANDBAGGING A SEARCH
201
ARE GOVERNMENT EMPLOYEE EMAILS ALWAYS A PUBLIC RECORD?
203
YAHOO REPLACES SEX AS THE 1 SEARCH QUERY ON GOOGLE
207
POPULAR SEARCH TERMS IN 2006
209
New Technologies
211
HASH
219
HASH THE NEW BATES STAMP
221
COMPUTER MAPS
226
THUMB DRIVE USED TO MISAPPROPRIATE TRADE SECRETS DEDUPLICATION USED AS AN EXCUSE FOR NOT RETURNING ALL ESI ...
231
TOP CORPORATE OFFICERS CONTINUE TO WRITE EMBARRASSING EMAILS
234
FORENSIC FISHING EXPEDITION REJECTED
236
WORLDS LARGEST DATA REPOSITORIES
238
Appendix
241
NEW RULE 26
243
NEW RULE 34
255
NEW RULE 37
262
UNIFORM LAW COMMISSIONS PROPOSED UNIFORM RULES RELATING TO DISCOVERY OF ELECTRONICALLY STORED INFORMATION
264
ABA CIVIL DISCOVERY STANDARDS TECHNOLOGY SECTION EXCERPT AUGUST 2004
270
Local District Court Rules
287
HOW MUCH DATA DO YOU HAVE?
291
Index
293
About the Author
315
Copyright

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