| | |
e-Discovery
Getting Your Arms Around The Data: Data Mapping, Backup Tapes and Other Inaccessible ESI , by
Laurie Weiss , Robert Owen and Florinda Baldridge.
Article discusses the background, best approaches and trends concerning data maps, backup tapes and ephemeral data in accordance to Federal Rule 26(f) and (b)(2)(B).
Non-Specific.
20 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
|
|
Evidence
Authenticating Evidence for e-Discovery, by
Dennis R. Kiker, Mary Mack.
Article discusses: Lorraine case, hearsay, authentication, original writing rule, technical issues and reducing risk through process.
Non-Specific.
34 pages. Written:
2008. Added:
6-25-2008.
Fios, Inc.
|
|
e-Discovery
Reining in eDiscovery Solutions to Cost Savings, by
Shawnna Childress, Lana Schell.
Discusses problems and issues with ESI, producing ESI, ESI lifecycle, spoliation, GC readiness, Getting ready for the Meet and Confer, system topologies “maps”, data collection and forensics recommendations, self-collecting, preservation, data processing/culling costs, review software options, and data culling & minimization tools.
Non-Specific.
53 pages. Written:
2007. Added:
6-25-2008.
innotechconference.com
|
|
e-Discovery
Managing Discovery of Electronic Information: A Pocket Guide for Judges, by
Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins.
Discovery of ESI presents unique issues regarding the scope of discovery, the allocation of costs, the form of production, the waiver of privilege and work-product protection, and the preservation of data and spoliation. To effectively manage these issues, judges must understand the relevant technology at a level that allows effective communication with attorneys, parties, and experts.
Federal.
33 pages. Written:
2007. Added:
6-17-2008.
Federal Judicial Center
|
|
e-Discovery
A Time to Reap, a Time to Cull, by
Clifford F. Shnier.
Discusses advances in litigation support technology and processes of electronically stored information, including collection appliances, pre-processing, native review, culling and search.
Non-Specific.
4 pages. Written:
2008. Added:
6-16-2008.
Inside Counnsel
|
|
e-Discovery
Authenticating Digital Evidence – Identify and Avoid the Weak Links in Your Chain of Custody, by
Merrill Legal.
Chain of custody is a familiar concept in criminal law, but until recent years it was foreign to civil litigators. The advent of the digital age has made it a major issue because the actual nature of evidence in civil litigation has undergone a radical transformation from tangible paper to electronic data. The purpose of testimony concerning chain of custody is to prove that evidence has not been altered or changed from the time it was collected through production in court. Chain of custody testimony would include documentation on how the data was gathered, transported, analyzed and preserved for production.
Non-Specific.
10 pages. Written:
2008. Added:
5-16-2008.
Website
|
|
e-Discovery
A New Filing Expectation - Will “Twombly” Reduce Fishing Expeditions?, by
Mary Mack.
Article discusses potential applicability of the recent Supreme Court decision Bell Atlantic Corp. v. Twombly, on e-discovery. Plaintiffs now must allege some factual basis before making such a claim that could result in significant discovery costs. Previously, a plaintiff could get to the discovery phase with some predictability and then look for facts to support antitrust or parallelism. Now the burden will be on the plaintiff to come in with at least some facts, or face dismissal. There will be many more motions to dismiss in other areas, citing this case.
Federal.
3 pages. Written:
2008. Added:
5-15-2008.
Firm Publication
|
|
e-Discovery
Unmasking the Anonymous Internet User, by
Andrew Serwin and Eileen R. Ridley.
Companies and their employees at times face the difficult issue of protecting themselves from cybersmears by anonymous Internet users. One of the most problematic issues is the tension between identifying what is protected speech under the First Amendment and the standard that must be met in order to obtain the identity of an anonymous poster who has used the Internet to spread damaging statements. The Krinsky decision suggests that the more extreme the statement, the less likely it will be determined to be actionable (at least under a defamation claim).
Non-Specific.
1 pages. Written:
2008. Added:
5-10-2008.
The Recorder
|
|
e-Discovery
Steer Clear of the Perils of Self-Collection, by
Leonard Deutchman.
For all of us who advise their clients to have their data for e-discovery production collected forensically and find that, despite their dazzling and irrefutable logic, their clients still insist on self-collection, here are some questions to ask the client.
Non-Specific.
1 pages. Written:
2008. Added:
5-10-2008.
Pennsylvania Law Weekly
|
|
Employment and Labor
E-Discovery Keeps an Eye on the Job, by
A. Michael Weber.
This article focuses on the unique aspects of electronic discovery in employment-related litigation. As explained below, all is not "gloom and doom" for employers, but they should certainly exercise caution.
Non-Specific.
1 pages. Written:
2008. Added:
5-10-2008.
New York Law Journal
|
|
e-Discovery
E-discovery and Electronic Evidence Update, by
Matthew Cohen, Claire Elizabeth Hand, Xavier Rodriguez.
The scope of what is included in the phrase
“electronic records” can be enormous, encompassing
voice mail, e-mail, deleted e-mail, data files, program
files, back-up files, archival tapes, temporary files,
system history files, web site information in textual,
graphical or audio format, web site history files, cache
files, “cookies” and other electronically stored
information.
Non-Specific.
99 pages. Written:
2008. Added:
5-10-2008.
State Bar of Texas
|
|
e-Discovery
Gaining Strategic Advantage of E-Discovery Under the New Federal Rules, by
Michael Frankel.
The 2006 amendments to the Federal Rules of Civil Procedure1 have substantially altered the landscape on which litigants battle over discovery of electronically
stored information, or ESI. Rule 26 sets forth a straightforward analytical framework to govern resolving
such battles. A party can object to discovery of ESI on the grounds that it is “not reasonably accessible due to undue burden or cost.”
Non-Specific.
8 pages. Written:
2008. Added:
5-10-2008.
E-Discovery: A Thomson West Report
|
|
e-Discovery
I Know About The Federal eDiscovery Rules, Now What About The States?, by
Renee T. Lawson.
The purpose of this Article is to provide an overview of the states’ distinctly un-uniform approach to eDiscovery in two respects: First, the state of the states’ rule-making efforts. Second, what the state courts are doing in the
real-world cases to fill the void created by the absence of
comprehensive state eDiscovery rules.
Non-Specific.
16 pages. Written:
2007. Added:
5-07-2008.
Renee T. Lawson
|
|
e-Discovery
Metadata—What Every Attorney Needs to Know, by
Donna Payne.
This article is meant to serve as a practical overview of what metadata is and how it works. It examines metadata types and provides information on how legal professionals can eliminate metadata to prevent common pitfalls. The article also discusses recent cases, rulings,
opinions that are related to metadata. It does not, however, attempt to explore the ethical implications related to removal of metadata from documents.
Non-Specific.
17 pages. Written:
2006. Added:
5-07-2008.
White Paper
|
|
e-Discovery
Taming the Beast – Implementation of Effective Best Practices for Electronic Data Discovery, by
Renee T. Lawson.
In this new environment all lawyers responsible for litigation – outside and in-house counsel alike – must be familiar not only with the law applicable to electronic discovery, but also with the particular electronic data landscape of the client whom they serve. This Article assists by setting out a proactive methodology for establishing electronic data “best practices” that enable an immediate, strategic and cost effective response in the inevitable trenches of electronic discovery.
Non-Specific.
32 pages. Written:
2006. Added:
5-06-2008.
Morgan Lewis & Bockius LLP
|
|
e-Discovery
In Search of Better E-Discovery Methods, by
H. Christopher Boehning and Daniel J. Toal.
As the burdens of e-discovery continue to mount, the search for a technological solution has only intensified. Litigants most commonly search repositories of electronic data for documents containing any number of defined search terms (keyword searches) or search terms appearing in a specified relation to one another (Boolean searches). Article discusses costs and benefits of new approaches: concept searching, clustering,taxonomies and ontologies and bayesian classifiers.
Non-Specific.
5 pages. Written:
2008. Added:
5-01-2008.
New York Law Journal
|
|
e-Discovery
MSG Is Bad For You!, by
Ralph Losey.
Interesting discussion between Ralph Losey and Craig Ball regarding the relative merits of working with email in PST or MSG formats, and whether MSG meets the definition of native file format under the FRCP.
Federal.
3 pages. Written:
2008. Added:
4-04-2008.
|
|
e-Discovery
Navigating the Rising Tide of E-discovery, by
David Williams, April Oliver, and Geoffrey Gettinger.
Article discusses some of the myriad issues and complexities of the topic and some general practices to consider.
Non-Specific.
8 pages. Written:
2007. Added:
4-04-2008.
|
|
e-Discovery
Smoke and Mirrors: The Fabrication and Alteration of Electronic Evidence, by
Sharon Nelson and John Simek.
The digital age has provided criminals with countless ways to manipulate others using computers. In this article originally presented at the ABA Techshow, Sharon Nelson and John Simek explain some of these types of crimes. The good news is that we have gotten better and better at detecting the alteration of electronic evidence.
Federal.
1 pages. Written:
2008. Added:
4-02-2008.
|
|
e-Discovery
Metadata, by
Richard E. Davis.
Corporate information management can be a very complex proposition. It often involves different corporate stakeholders who view & use information in different ways based on a variety of business needs, legal or regulatory requirements. The key to developing the solution to quandary lies in understanding & management of metadata across enterprise.
Non-Specific.
1 pages. Written:
2008. Added:
4-02-2008.
|
|
e-Discovery
Lorraine v. Markel: Electronic Evidence 101, by
LexisNexis.
How does one properly introduce email, electronic files, native files, web site pages, digital photographs and other electronically stored information (ESI) at trial? These issues are discussed at length in Lorraine v. Markel (Judge Paul Grimm) and summarized in this white paper.
Federal.
7 pages. Written:
2007. Added:
3-20-2008.
|
|
Litigation Support
A Primer on Foreign Language e-Discovery, by
Ari Kaplan.
Addresses some of the issues that arise when non-English documents are involved in e-Discovery. Unicode was created to solve some of these problems and offer a universal solution; however, it is only
available for files created on newer
systems, making legacy data a continuing
area of concern.
select-JD.
2 pages. Written:
2007. Added:
3-19-2008.
|
|
e-Discovery
Expert Testimony may be needed for E-Discovery Keyword Searches, by
Mark Foley.
Expert testimony may be offered in keyword search disputes in appropriate situations. This is new territory and potentially another costly addition to the e-discovery process.
Non-Specific.
2 pages. Written:
2008. Added:
3-06-2008.
|
|
Litigation Support
Legal Process Outsourcing of First Level Document Review, by
Dario Olivas and Michael Dolan.
Over the last several years, the proliferation in electronically stored information (ESI) and e-Discovery, such as email, instant messages, electronic documents and data on handheld devices, has drastically changed the litigation practice. This article explains the basics of first level document review, why to consider outsourcing this function.
Non-Specific.
5 pages. Written:
2007. Added:
3-02-2008.
|
|
e-Discovery
Hold It! A step-by-step guide to litigation hold strategies, by
Keith Ecker.
Implementing a solid litigation hold strategy is a necessity in today’s electronically enhanced corporate world. Few legal departments, however, seem to really know how to do it.
Non-Specific.
3 pages. Written:
2008. Added:
2-19-2008.
|
|
e-Discovery
Don't Dread the Rule 26(f) Conference: It can be used to your advantage., by
David Lender.
An early discussion about ESI will now be one of the first steps in any litigation. As more and more information is stored electronically, it becomes increasingly more important to try and use the conference to limit the scope of discovery. It is also critically important to be prepared and to be reasonable.
Federal.
3 pages. Written:
2008. Added:
2-18-2008.
|
|
e-Discovery
The Art of Redacting Privileged Data, by
Kenton Hutcherson.
Article discusses problems and solutions involved in redacting electronic documents for e-discovery.
Non-Specific.
3 pages. Written:
2008. Added:
1-27-2008.
|
|
e-Discovery
Groundbreaking Decision Challenges Admissibility of E-Mail, by
Sean Harrington.
Discusses the import of Lorraine v. Markel American, then proposes simple and cost-effective ways for attorneys to exchange ESI that will militate against admissibility problems or the wrath of the court.
Non-Specific.
1 pages. Written:
2007. Added:
1-18-2008.
|
|
e-Discovery
The Technology of Electronic Discovery, by
Clifford Shnier.
Examine the stages of the Discovery phase of litigation when the information is in electronic form as opposed to paper. Included will be discussion of the roles of electronic data professionals, both those from within the litigant company, and outside experts.
Non-Specific.
30 pages. Written:
2007. Added:
1-14-2008.
|
|
e-Discovery
Managing Ethics in E-Discovery, by
David G. Keyko.
Article discusses recent case law regarding ethical issues raised in e-Discovery, and how to avoid sanctions.
Non-Specific.
3 pages. Written:
2008. Added:
1-03-2008.
|
|
Alternative Dispute Resolution
E-Discovery For Arbitrators Under the IBA Rules For Taking Evidence, by
John M. Barkett.
Article describes the IBA Rules and describes the difference between the paper world and the electronic world and how the federal courts in the United States responded to those differences with the e-discovery
rules.
International.
37 pages. Written:
2007. Added:
12-21-2007.
|
|
e-Discovery
Does RAM Discovery Make Good Law?, by
Thomas Y. Allman and Kevin F. Brady.
Articles discusses implications of Columbia Pictures v. Brunnell, which holds that data discoverable even though it existed temporarily, in a computer's random access memory (RAM).
Federal.
3 pages. Written:
2007. Added:
12-18-2007.
|
|
e-Discovery
Producing Electronically Stored Information, by
John P. Scordo and Kristine Russo Begley.
The new e-Discovery rules were designed to facilitate early communication regarding the production of ESI and to allow litigants to request specific production formats. Litigants should be aware of the various forms of production available, the issues that have arisen, and the cost and practicality of utilizing those forms.
Federal.
1 pages. Written:
2007. Added:
12-02-2007.
|
|
e-Discovery
A Lawyer’s Guide To Electronic Discovery Potentially Privileged Searches, by
Bobby Malhotra.
While the Federal Rules of Civil Procedure do provide some structure to resolve the dispute if a party inadvertently produces privileged material–and notifies the adversary–a much safer strategy is to make sure that privileged documents are not produced in the first place.
Federal.
3 pages. Written:
2007. Added:
11-28-2007.
|
|
e-Discovery
Electronic Discovery Beyond Email -Identifying Other Sources of ESI, by
Allen L. Gurney.
Presentation reviews types of non-email ESI, discuss Identification of ESI sources and evaluates methods to limit scope. Includes discussion of meet and confer requirements and preparationof an ESI content map.
Federal.
39 pages. Written:
2007. Added:
11-16-2007.
|
|
e-Discovery
Examining Hard Drives During Discovery, by
Richard Raysman and Peter Brown.
The right to examine the contents of an opponent's computer hard drive and utilize computer forensics has been categorized as unusual relief, yet can be valuable in the discovery process. Imaging may be permitted when the adversary's document production has been inadequate and that a drive examination could uncover omitted, relevant materials.
Federal.
3 pages. Written:
2007. Added:
11-13-2007.
|
|
e-Discovery
Keep 'Smoking Gun' E-Mails From Backfiring, by
H. Christopher Boehning and Daniel J. Toal.
Articles discusses various objections to introducing electronic stored information (ESI) into evidence in civil trial practice, and ways to overcome objections, including admissibility, hearsay and original writings rule.
Federal.
3 pages. Written:
2007. Added:
11-13-2007.
|
|
e-Discovery
Filtering Responsive Data in EDD, by
Brian Larsen.
Attorneys should work to reduce the vast amounts of potentially relevant electronically stored information through established filtering and searching parameters offered by litigation support providers.
Non-Specific.
3 pages. Written:
2007. Added:
11-09-2007.
|
|
e-Discovery
Discovery Rules Raise More Questions Than Answers, by
Lloyd B. Chinn.
Discusses recent case law concerning: (i) preservation of ESI and the related "safe harbor" issues; (ii) the question of reasonable accessibility and its role in determining discoverability and cost-shifting; (iii) form of production; and (iv) privilege.
Federal.
4 pages. Written:
2007. Added:
11-08-2007.
|
|
e-Discovery
E-Discovery Requests: Know Your Limits, by
Mark A. Berman.
Courts in New York state are analyzing and refining the appropriate scope of ESI discovery in each case, so that only "material and necessary" evidence is ordered produced, in order not to unfairly burden parties and nonparties with excessive costs and overbroad requests.
Federal.
4 pages. Written:
2007. Added:
11-07-2007.
|
|
Evidence
No Hearsay in Electronically Generated Information, by
Bradford E. Biegon.
Are you facing a mountain of e-discovery and wondering if you can get it into evidence? A recent 101-page opinion written by U.S. Magistrate Judge Paul Grimm, is a road map to how to use the fruits of electronic discovery as evidence at trial.
Non-Specific.
3 pages. Written:
2007. Added:
10-23-2007.
|
|
e-Discovery
Electronic Discovery and Computer Forensics Caselaw, by
Kroll Ontrack.
Comprehensive survey of case law includes topics on discoverability, procedure, production of data, costs, preservation & spoliation, sanctions, work product doctrine & privilege, expert witnesses, computer forensic protocols and evidence admissibility.
Non-Specific.
145 pages. Written:
2007. Added:
10-07-2007.
|
|
e-Discovery
eDiscovery: Everything You Need to Know About Preservation, by
Brett Burney.
Effective preservation of electronic data may seem like an overwhelming task, but it has become a necessary evil in today’s digital world. Discusses how preservation should be approached as part of litigation support and case preparation.
Non-Specific.
3 pages. Written:
2007. Added:
10-01-2007.
|
|
e-Discovery
When Less Becomes More: Making the Case for a Discovery Strategy, by
Anne Kershawimposed.
The law requires all sides to a dispute to be reasonable in their efforts to identify documents as potentially relevant. What is “reasonable discovery,” however, is being challenged and redefined in the age of electronic discovery.
Non-Specific.
4 pages. Written:
2007. Added:
9-28-2007.
|
|
e-Discovery
How to Go Native Without Going South, by
Craig Ball.
Discusses types of production for email, and distinguishes between native file or other types of electronically stored information.
Federal.
3 pages. Written:
2007. Added:
9-27-2007.
|
|
Alternative Dispute Resolution
Electronic Discovery In Arbitration: Privilege, by
Irene C. Warshauer.
This article discusses how arbitrators could respond to demands for email and
backup tapes, and claims that the attorney-client privilege has been waived
through the inadvertent production of e-documents and e-discovery.
Non-Specific.
7 pages. Written:
2007. Added:
9-19-2007.
|
|
e-Discovery
E-Discovery: What Courts Expect of Counsel, by
Richard E. Best.
New court rules require trial lawyers to discuss and resolve e-discovery issues
early in the life of the case. Here are some tips on how to address those issues and take advantage of the opportunities provided by the initial case management conference.
Federal.
5 pages. Written:
2006. Added:
9-18-2007.
|
|
Evidence
Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery, by
Jason R. Baron, Richard G. Braman, Kenneth J. Withers, Thomas Y. Allman, M. James Daley, George L. Paul.
Sedona project committee discusses for search and retrieval, and manual search vs. electronic search, and new search technologies, and best practices for e-discovery and litigation support.
Non-Specific.
38 pages. Written:
2007. Added:
9-18-2007.
|
|
e-Discovery
Discovering Web Communications, by
Mark A. Berman and Hal N. Beerman.
As communications over the Internet expand, the types of electronically stored information that can be obtained in discovery is concomitantly increasing, including metadata, instant messages and chat room conversations. Such electronically stored information is properly authenticated in order to be successfully introduced at trial.
New York.
5 pages. Written:
2007. Added:
9-17-2007.
|
|
Litigation Support
Strategies and Considerations for Internet Compound Documents for Use in Internet Evidence Discovery, by
Jonathan Hirschman, Applied Evidence.
Discusses e-Discovery and the 'Internet Compound Document', a document that has one or more of its components located on remote computer or the Internet, and requires special handling in terms of logistics, chain of custody, and potential for "additive"
spoliation.
Non-Specific.
11 pages. Written:
2005. Added:
9-13-2007.
|
|
|