Preface | p. ix |
About the Author | p. xiii |
Introduction to e-Discovery and e-Discovery Teams | p. 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 Protocols | p. 22 |
Two New Articles of Interest on e-Discovery Teams | p. 31 |
Litigation Survey Suggests Future of e-Discovery | p. 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 City | p. 48 |
Two e-Discovery Guides for Judges Provide Good Advice for All | p. 58 |
Trial Lawyers Turn a Blind Eye to the True Cause of the e-Discovery Morass | p. 72 |
Hospital Defendants Martyred in the Cause of Cooperative e-Discovery | p. 87 |
New Technologies | p. 97 |
Sherlock Holmes in the 21st Century: Definitions and Limits of Computer Forensics, Forensic Copies, and Forensic Examinations | p. 97 |
Star Trek Lessons for e-Discovery | p. 107 |
Tech v. Law-a Plea for Mutual Respect | p. 111 |
The "Better Late Than Never" Defense | p. 121 |
Who's On First? New Case Repeats the Classic Miscommunications Between Law and IT | p. 125 |
MSG Is Bad For You! (Expansion of an Earlier Essay on Metadata) | p. 135 |
Blogging and Presenting at LegalTech West 2008 | p. 144 |
The Days of the Bates Stamp Are Numbered | p. 152 |
Trade Secrets Case Uses MD5 Hash and Keyword Search to Protect Defendants' Rights-Magistrate's Privilege Waiver Order Is Reversed | p. 158 |
New Case Where Police Use Hash to Catch a "Perp," and My Favored Truncated Hash-Labeling System to Identify the Evidence | p. 169 |
Venue Analysis Transformed by e-Discovery and the Digitization of Society | p. 177 |
Spoliation and Sanctions | p. 185 |
"Book 'em, Danno": Hawaiian Judge Sanctions Company for Trusting Its Top Officers After One Wipes His Laptops, Allegedly to Hide Porn | p. 185 |
Wells Fargo is Robbed of Staged Documents and Seeks the Death Penalty for the Lawsuit, but Gets an Adverse Inference Instruction Instead | p. 192 |
Sanctions in the San Diego Hobie Cat Case Not the Tiger We Need to Keep Our Courts Fair | p. 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-mails | p. 213 |
Give Peace a Chance: Federal Judge Tries Experimental Method to Resolve a Major e-Discovery Dispute in Non-adversial Manner | p. 221 |
Court Rejects Attorney's Computer Illiteracy as Excuse for Non-production | p. 236 |
Search and Review of ESI | p. 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 Search | p. 256 |
Inadequate Keyword Searches by Untrained Lawyers May, in Some Circumstances, Be Sanctionable | p. 261 |
Criminal Case Raises Interesting e-Discovery Search Issues | p. 268 |
Adversarial Search, a "Perfect Barrier" to Cost-Effective e-Discovery, and One Litigant's "Aikido-like" Response | p. 275 |
A Tale of Two London ESI Forums, by Jason R. Baron | p. 285 |
What the World Was Searching for in 2007 | p. 296 |
e-Discovery Rules and Civil Procedure | p. 305 |
Report on West-Kroll's "A to Z" E-Discovery Workshop, and Proposal for a Pure Question-and-Answer Format | p. 305 |
New Case Denies Both Production under Rule 26(b)(2)(B) and Sanctions for Spoliation under Unspoken Rule 37 | p. 321 |
Rule 26 Applied to Prohibit Discovery | p. 325 |
Best Buy Wins Key e-Discovery Ruling in Fraud Case | p. 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 Simon | p. 338 |
California Proposes e-Discovery Laws that Governor Schwarzenegger Will Want to Terminate | p. 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 World | p. 364 |
E-Discovery Ethics and the Qualcomm Case | p. 385 |
Lawyers Behaving Badly: Understanding Unprofessional Conduct in e-Discovery | p. 385 |
The Lessons of Qualcomm: A Wakeup Call for the Legal Profession | p. 405 |
Qualcomm's "Monumental Discovery Violations" Provoked Only Wimpy Sanctions | p. 414 |
Sanctions Lifted Against the "Qualcomm Six" and a New Trial Ordered Where They May Now Speak Freely to Defend Themselves | p. 422 |
ABA Litigation Section Reacts to the Qualcomm Case and Recommends e-Discovery Checklists | p. 429 |
Summaries of Favorite and Recent e-Discovery Cases | p. 439 |
Ignorance of Computers Is No Longer a Viable Excuse | p. 439 |
My Favorite "War-Story" Case | p. 440 |
The Most Famous and Important e-Discovery Case of All, Zubulake | p. 441 |
Judges Are Upset by All of the Mistakes | p. 443 |
More Classic Cases of Interest | p. 444 |
Summaries of My 30 Favorite e-Discovery Cases in 2008 | p. 450 |
Autotech Techs. Ltd. P'ship v. Automationdirect.com, Inc. | p. 450 |
Baker v. Gerould | p. 451 |
City of Seattle v. Prof'l Basketball Club, LLC | p. 453 |
ClearOne Communications v. Chiang | p. 454 |
Coburn v. PN II, Inc. | p. 456 |
Daimler Truck N. Am. LLC v. Younessi | p. 457 |
Ed Schmidt Pontiac-GMC Truck Inc. v. DaimlerChrysler Motors Co., LLC | p. 459 |
Ferron v. Search Cactus, LLC | p. 460 |
Flagg v. City of Detroit | p. 461 |
Grange Mutual Casualty Co. v. Mack | p. 462 |
Henry v. Quicken Loans, Inc. | p. 464 |
In re Flash Memory Antitrust Litigation | p. 467 |
In re Honza | p. 468 |
In re Seroquel Products Liability Litigation | p. 471 |
In re Intel Corp. Microprocessor Antitrust Litigation | p. 473 |
In re Subponea Duces Tecum to AOL | p. 475 |
In re World Trade Center Disaster Site Litigation | p. 477 |
Mikron Industries Inc. v. Hurd Windows & Doors, Inc. | p. 478 |
Peskoff v. Faber | p. 480 |
Quan v. Arch Wireless | p. 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. Johnson | p. 492 |
United States v. Snipes | p. 493 |
Waste Services, Inc. v. Waste Management, Inc. | p. 494 |
WIREdata, Inc. v. Village of Sussex | p. 495 |
Xpel Technologies Corp. v. Am. Filter Film Distribs | p. 496 |
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