Introduction to e-Discovery

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  • Format: Paperback
  • Copyright: 2009-10-01
  • Publisher: Natl Book Network
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No one can operate effectively in the court rooms of tomorrow without a good understanding of wheres, hows and whys of digital evidence. As a cover-to-cover read to learn more about the hot topics and latest case law in e-discovery, this book can provide that understanding. After a read through, this book can be used again and again as a reference, with its appendix of useful reference materials to look up cases and arguments to use in daily practice. It's written in an easy-to-read style, making it perfect for anyone interested in e-discovery. Book jacket.

Author Biography

Ralph C. Losey is a shareholder in the Orlando office Akerman Senterfitt, P.A., where he heads the firm's national electronic discovery practice group. Ralph has also been an avid computer user and technologist since 1978, and is the author of the popular multi-media Internet blog e-Discovery Team. Ralph was one of the first attorneys in the country with an Internet website, and has also written and contributed to several other books and articles on e-discovery.

Table of Contents

Prefacep. ix
About the Authorp. xiii
Introduction to e-Discovery and e-Discovery Teamsp. 1
What Game Does an e-Discovery Team Play?p. 1
When and Why Should Inside Counsel Start an e-Discovery Team?p. 15
Why Should Corporations Participate in e-Discovery?p. 20
e-Discovery Teams: Self-Organization and Development of Evidence Preservation Protocolsp. 22
Two New Articles of Interest on e-Discovery Teamsp. 31
Litigation Survey Suggests Future of e-Discoveryp. 39
Survey of Records Administrators Shows Negligent e-Records Management Is Creating "Stunning Business Risks"p. 44
e-Discovery at the Harvard Club in New York Cityp. 48
Two e-Discovery Guides for Judges Provide Good Advice for Allp. 58
Trial Lawyers Turn a Blind Eye to the True Cause of the e-Discovery Morassp. 72
Hospital Defendants Martyred in the Cause of Cooperative e-Discoveryp. 87
New Technologiesp. 97
Sherlock Holmes in the 21st Century: Definitions and Limits of Computer Forensics, Forensic Copies, and Forensic Examinationsp. 97
Star Trek Lessons for e-Discoveryp. 107
Tech v. Law-a Plea for Mutual Respectp. 111
The "Better Late Than Never" Defensep. 121
Who's On First? New Case Repeats the Classic Miscommunications Between Law and ITp. 125
MSG Is Bad For You! (Expansion of an Earlier Essay on Metadata)p. 135
Blogging and Presenting at LegalTech West 2008p. 144
The Days of the Bates Stamp Are Numberedp. 152
Trade Secrets Case Uses MD5 Hash and Keyword Search to Protect Defendants' Rights-Magistrate's Privilege Waiver Order Is Reversedp. 158
New Case Where Police Use Hash to Catch a "Perp," and My Favored Truncated Hash-Labeling System to Identify the Evidencep. 169
Venue Analysis Transformed by e-Discovery and the Digitization of Societyp. 177
Spoliation and Sanctionsp. 185
"Book 'em, Danno": Hawaiian Judge Sanctions Company for Trusting Its Top Officers After One Wipes His Laptops, Allegedly to Hide Pornp. 185
Wells Fargo is Robbed of Staged Documents and Seeks the Death Penalty for the Lawsuit, but Gets an Adverse Inference Instruction Insteadp. 192
Sanctions in the San Diego Hobie Cat Case Not the Tiger We Need to Keep Our Courts Fairp. 200
"Water Pipe Burst" Excuse Fails to Prevent Costly Order to Restore Backup Tapes After County Fails to Implement a Litigation Hold and Save E-mailsp. 213
Give Peace a Chance: Federal Judge Tries Experimental Method to Resolve a Major e-Discovery Dispute in Non-adversial Mannerp. 221
Court Rejects Attorney's Computer Illiteracy as Excuse for Non-productionp. 236
Search and Review of ESIp. 243
Thoughts on SEARCH and Victor Stanley, Inc. v. Creative Pipe, Inc.p. 243
Judge Facciola Cites to My First Book in Important New Opinion on Searchp. 256
Inadequate Keyword Searches by Untrained Lawyers May, in Some Circumstances, Be Sanctionablep. 261
Criminal Case Raises Interesting e-Discovery Search Issuesp. 268
Adversarial Search, a "Perfect Barrier" to Cost-Effective e-Discovery, and One Litigant's "Aikido-like" Responsep. 275
A Tale of Two London ESI Forums, by Jason R. Baronp. 285
What the World Was Searching for in 2007p. 296
e-Discovery Rules and Civil Procedurep. 305
Report on West-Kroll's "A to Z" E-Discovery Workshop, and Proposal for a Pure Question-and-Answer Formatp. 305
New Case Denies Both Production under Rule 26(b)(2)(B) and Sanctions for Spoliation under Unspoken Rule 37p. 321
Rule 26 Applied to Prohibit Discoveryp. 325
Best Buy Wins Key e-Discovery Ruling in Fraud Casep. 331
Declaratory Judgment Approach to Burdensome Pre-litigation Preservation Demand Tried and Rejected: Is This a Case of "No Good Deed Goes Unpunished"?, by Michael Simonp. 338
California Proposes e-Discovery Laws that Governor Schwarzenegger Will Want to Terminatep. 348
Are We the Barbarians at the Gate? The Conflict Between Our Rules of Discovery and the Privacy Laws of the Rest of the Civilized Worldp. 364
E-Discovery Ethics and the Qualcomm Casep. 385
Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discoveryp. 385
The Lessons of Qualcomm: A Wakeup Call for the Legal Professionp. 405
Qualcomm's "Monumental Discovery Violations" Provoked Only Wimpy Sanctionsp. 414
Sanctions Lifted Against the "Qualcomm Six" and a New Trial Ordered Where They May Now Speak Freely to Defend Themselvesp. 422
ABA Litigation Section Reacts to the Qualcomm Case and Recommends e-Discovery Checklistsp. 429
Summaries of Favorite and Recent e-Discovery Casesp. 439
Ignorance of Computers Is No Longer a Viable Excusep. 439
My Favorite "War-Story" Casep. 440
The Most Famous and Important e-Discovery Case of All, Zubulakep. 441
Judges Are Upset by All of the Mistakesp. 443
More Classic Cases of Interestp. 444
Summaries of My 30 Favorite e-Discovery Cases in 2008p. 450
Autotech Techs. Ltd. P'ship v. Automationdirect.com, Inc.p. 450
Baker v. Gerouldp. 451
City of Seattle v. Prof'l Basketball Club, LLCp. 453
ClearOne Communications v. Chiangp. 454
Coburn v. PN II, Inc.p. 456
Daimler Truck N. Am. LLC v. Younessip. 457
Ed Schmidt Pontiac-GMC Truck Inc. v. DaimlerChrysler Motors Co., LLCp. 459
Ferron v. Search Cactus, LLCp. 460
Flagg v. City of Detroitp. 461
Grange Mutual Casualty Co. v. Mackp. 462
Henry v. Quicken Loans, Inc.p. 464
In re Flash Memory Antitrust Litigationp. 467
In re Honzap. 468
In re Seroquel Products Liability Litigationp. 471
In re Intel Corp. Microprocessor Antitrust Litigationp. 473
In re Subponea Duces Tecum to AOLp. 475
In re World Trade Center Disaster Site Litigationp. 477
Mikron Industries Inc. v. Hurd Windows & Doors, Inc.p. 478
Peskoff v. Faberp. 480
Quan v. Arch Wirelessp. 481
Simon Property Group, Inc. v. Taubman Centers, Inc.p. 482
Southern New England Telephone Co. v. Global NAPs, Inc.p. 483
Square D Co. v. Scott Elec. Co.p. 484
Sterle v. Elizabeth Arden, Inc.p. 485
Treppel v. Biovail Corp.p. 487
United States v. Johnsonp. 492
United States v. Snipesp. 493
Waste Services, Inc. v. Waste Management, Inc.p. 494
WIREdata, Inc. v. Village of Sussexp. 495
Xpel Technologies Corp. v. Am. Filter Film Distribsp. 496
Table of Contents provided by Ingram. All Rights Reserved.

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