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Author: Federal Judicial Center
Publisher:
ISBN: 9781716557705
Category : Law
Languages : en
Pages : 62
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Book Description
This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments described by Chief Justice Roberts in the 2015 Year-End Report on the Federal Judiciary: (1) encourage greater cooperation among counsel; (2) focus discovery-the process of obtaining information within the control of the opposing party-on what is truly necessary to resolve the case; (3) engage judges in early and active case management; and (4) address serious new problems associated with vast amounts of electronically stored information. 1 The prevalence of ESI led to the December 1, 2006, amendments to the Federal Rules of Civil Procedure. Those amendments have been the bedrock for countless decisions in the U.S. courts. In 2008, Federal Rule of Evidence 502 was adopted to, among other things, address the consequences of inadvertent disclosure of ESI on claims of attorney-client privilege and work-product protection. The third edition also reflects the rise of new devices on which ESI is created and stored, such as smartphones, and new sources of ESI, such as social media. It updates judges on how ESI may be searched. It 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. This pocket guide is organized into a question-and-answer format, which we hope judges will find useful in meeting the challenges presented by the discovery of ESI as it becomes a routine feature in litigation.
Author: Federal Judicial Center
Publisher:
ISBN: 9781716557705
Category : Law
Languages : en
Pages : 62
Get Book Here
Book Description
This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) reflects the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the reasons for the amendments described by Chief Justice Roberts in the 2015 Year-End Report on the Federal Judiciary: (1) encourage greater cooperation among counsel; (2) focus discovery-the process of obtaining information within the control of the opposing party-on what is truly necessary to resolve the case; (3) engage judges in early and active case management; and (4) address serious new problems associated with vast amounts of electronically stored information. 1 The prevalence of ESI led to the December 1, 2006, amendments to the Federal Rules of Civil Procedure. Those amendments have been the bedrock for countless decisions in the U.S. courts. In 2008, Federal Rule of Evidence 502 was adopted to, among other things, address the consequences of inadvertent disclosure of ESI on claims of attorney-client privilege and work-product protection. The third edition also reflects the rise of new devices on which ESI is created and stored, such as smartphones, and new sources of ESI, such as social media. It updates judges on how ESI may be searched. It 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. This pocket guide is organized into a question-and-answer format, which we hope judges will find useful in meeting the challenges presented by the discovery of ESI as it becomes a routine feature in litigation.
Author: Federal Judicial Center (U S )
Publisher: Government Printing Office
ISBN: 9780160941818
Category : Computers
Languages : en
Pages : 64
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Book Description
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: Barbara Jacobs Rothstein
Publisher:
ISBN:
Category : Electronic discovery (Law)
Languages : en
Pages : 40
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Book Description
Author: Ronald J. Hedges
Publisher:
ISBN:
Category : Electronic discovery (Law)
Languages : en
Pages : 0
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Book Description
Author: Cohen, Lender
Publisher: Wolters Kluwer
ISBN: 1543805973
Category :
Languages : en
Pages : 2006
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Book Description
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, Third 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 & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third 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. Note: Online subscriptions are for three-month periods. Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600
Author: Barbara Jacobs Rothstein
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781541388550
Category :
Languages : en
Pages : 48
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Book Description
This second edition of the pocket guide on the discovery of electronically stored information (ESI) follows the first-and the related 2006 amendments to the Federal Rules-by more than five years. These intervening years have seen an explosion of civil case law on ESI. This case law interprets the 2006 amendments and sets forth practices that have proved helpful to the courts, lawyers, and litigants in the discovery and evidentiary use of ESI. In addition, with the adoption of Federal Rule of Evidence 502 in September 2008, the federal courts now have a common framework for analyzing privilege waiver issues and an effective way to reduce costs and delays that result from exhaustive preproduction review driven by a fear of waiver through inadvertent disclosure.
Author: Jonathan M. Redgrave
Publisher: Pike & Fischer - A BNA Company
ISBN: 0937275174
Category : Law
Languages : en
Pages : 195
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Book Description
Author: Shira Ann Scheindlin
Publisher:
ISBN: 9781634592246
Category : Discovery (Law)
Languages : en
Pages : 0
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Book Description
Hardbound - New, hardbound print book.
Author: Adam I. Cohen
Publisher: Wolters Kluwer
ISBN: 1454815604
Category : Law
Languages : en
Pages : 1846
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Book Description
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.
