Preface | p. vii |
Introduction to e-Discovery | p. 1 |
Overview of the Problems Posed by e-Discovery and the Team-Based Solution | p. 1 |
Intellectual Foundation of Electronic Discovery | p. 14 |
Top Trends in e-Discovery Noted at ILTA Conference | p. 17 |
U.S. Supreme Court Justice Speaks Out on e-Discovery | p. 29 |
Top Ten Reasons e-Discovery Is a Major Headache for Most Companies and Lawyers | p. 32 |
National e-Discovery Counsel and the 98% Rule | p. 36 |
The Admissibility of Electronic Evidence | p. 37 |
Second Edition of The Sedona Principles and the Need for Proportionality | p. 39 |
The Sedona Conference Releases Two New Must-Read Commentaries on "Email Management" and "Legal Holds" | p. 44 |
Information Explosion and the Future of Litigation | p. 50 |
New Ethical Standards for e-Discovery | p. 55 |
Zubulake Duty | p. 55 |
Litigation Hold Is Not Enough: Sanctions Imposed Under Rule 26(g) for Negligent Collection and Preservation | p. 65 |
Sanctions for e-Discovery Abuses-Is the Attorney to Blame? | p. 69 |
ABA First Annual National Institute on E-Discovery | p. 70 |
New York Judge's Top Ten Tips | p. 72 |
The New Rules for e-Discovery | p. 77 |
Introduction to the New Rules | p. 77 |
December 1, 2006: New Rules Went Into Effect | p. 78 |
When Do the New Rules Apply? | p. 78 |
Survey Shows IT Not Ready for New Rules | p. 79 |
Practice Under the New Rules: an e-Discovery CLE | p. 80 |
Revolutionary Effect of Revised Rules 16(b) and 26(f)? | p. 82 |
Do the New Rules Discourage IT Improvements? | p. 84 |
Employer Allowed to Mirror Employees' Home Computers and Obtain Inaccessible ESI | p. 91 |
Rule 37 and the Supreme Court on Document Destruction | p. 94 |
Rule 37(f) Safe Harbor Requires Routines That Most Companies Lack | p. 98 |
Judge Shira A. Scheindlin Video on the New Rules Is Now Online | p. 101 |
Model Electronic Discovery Order under the New Rules | p. 104 |
Uniform Law Commission Approves Model e-Discovery Rules | p. 106 |
ABA Civil Discovery Standards on e-Discovery and Technology | p. 111 |
Spoliation and Sanctions | p. 113 |
Heavy Sanctions Loom Against Attorneys for e-Discovery and Other "Aggravated Litigation Abuses" | p. 113 |
GhostSurf Wipeout Leads to Jail Order Sanction in Bankruptcy Court | p. 116 |
IT Tech's Fast-Talk Had Zero Persuasive Value with Judge | p. 124 |
Judge Trash-Talks the Government for Its Discovery Abuses | p. 129 |
Should a Litigation Hold Include Backup Tapes? | p. 133 |
E-Mail Woes Hit Morgan Stanley Again | p. 137 |
Morgan Stanley Wins Two | p. 139 |
Scorched-Earth Litigation Tactics | p. 142 |
Court Disapproves Defendant's "Hide the Ball" Discovery Gamesmanship | p. 144 |
No Spoliation Sanctions for "Missing" Porn on Police Computers | p. 146 |
Adverse Inference Entered Against Plaintiff Employee | p. 150 |
The Case of the Midnight Hacker | p. 151 |
Plaintiff's e-Discovery Skullduggery Leads to Further Punishment by the Court | p. 152 |
Bankruptcy Court Imposes Sanctions in Adversary Proceeding | p. 152 |
Metadata | p. 157 |
What Is Metadata? | p. 157 |
When Should Metadata Be Produced? | p. 158 |
Metadata Mistake by Top Spy Agency | p. 167 |
Objections to Requests for Native Format Production | p. 169 |
"Play It Like It Lies" and No Mulligans | p. 172 |
MSG Is Bad for You | p. 173 |
Search and Review of ESI | p. 177 |
Introduction to Search and Review | p. 177 |
Sedona's New Commentary on Search, and the Myth of the Pharaoh's Curse | p. 178 |
Keyword Searches Versus Concept Searches | p. 186 |
When Should You Search for Deleted Files? | p. 191 |
Should You Save and Search Internet Cache? | p. 195 |
Nonchalant Review Causes Waiver of Attorney-Client Privilege | p. 200 |
Louis Vuitton Sanctioned for Sandbagging a Search | p. 201 |
Are Government Employee Emails Always a Public Record? | p. 203 |
Yahoo Replaces Sex as the #1 Search Quary on Google | p. 207 |
Popular Search Terms in 2006 | p. 209 |
New Technologies | p. 211 |
District Court in Los Angeles Decides Computer RAM Memory Must Be Preserved and Produced | p. 211 |
Hash | p. 219 |
Law Review Article Published on the Mathematics Underlying e-Discovery: HASH: The New Bates Stamp | p. 221 |
Computer Maps | p. 226 |
Thumb Drive Used to Misappropriate Trade Secrets; 'De-duplication' Used as an Excuse for Not Returning All ESI Taken | p. 231 |
Top Corporate Officers Continue to Write Embarrassing Emails | p. 234 |
Forensic Fishing Expedition Rejected | p. 236 |
World's Largest Data Repositories | p. 238 |
Appendix | p. 241 |
New Rule 16, Federal Rules of Civil Procedure | p. 241 |
New Rule 26 | p. 243 |
New Rule 34 | p. 255 |
New Rule 37 | p. 262 |
Uniform Law Commission's Proposed Uniform Rules Relating to Discovery of Electronically Stored Information | p. 264 |
ABA Civil Discovery Standards Technology Section Excerpt (August 2004) | p. 270 |
Local District Court Rules | p. 286 |
How Much Data Do You Have? | p. 291 |
Index | p. 293 |
About the Author | p. 315 |
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