E-Discovery: Current Trends and CasesThis 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. |
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 |
293 | |
About the Author | |
Common terms and phrases
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