Managing E-Discovery and ESI: From Pre-Litigation through Trial |
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The legal landscape, and litigation, have changed markedly in the last decade. Venerable concepts, like the duty to preserve relevant information, production and review of discoverable information, authentication, and introduction of evidence, have had to adapt to email, metadata, thumb drives, "smart phones," the internet, web pages and more. The explosion of information itself sometimes paradoxically has made clear, neutral guidance difficult to find.
This book identifies the key issues related to ESI--pre-litigation management, preservation, collection, processing, review, production, and use in deposition and at trial--and provides clear, practical guidance to litigators. The book is divided into eight parts that follow the sequence from the pre-litigation stage through trial. - PART ONE: The Legal Groundwork
- PART TWO: A Primer on "Buzzwords," Information Technology, and Corporate Management Policies
- PART THREE: The Duty to Preserve -- Trigger, Scope, Limits, Termination, and Sanctions for Breach
- PART FOUR: Production -- Initial Disclosures and Discovery
- PART FIVE: Unique Aspects of Privilege
- PART SIX: Discovery -- Conferences of the Parties, Search Methodology, Depositions, and Evidentiary Issues
- PART SEVEN: Costs, Cost Reduction, Cost-shifting, and ADR
- PART EIGHT: Ethics, Cooperation, and Reasonableness
This book is designed to help litigators learn new vocabulary and techniques, and master and apply important legal principles, for preserving, collecting, processing, reviewing, producing, and using ESI in litigation. It will help attorneys act as "translators" between clients, information technology experts, and courts and apply principles of proportionality and information technology to the problems presented by voluminous, fragile, and persistent ESI.
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"Taking a thorough, practical, and easily understandable approach, the authors discuss both the applicable legal principles and technological issues from the pre-litigation planning stage through the discovery and trial stages. A busy practitioner can, within minutes, find authoritative guidance on virtually any ESI issue."
--- From the Foreword by The Honorable Barbara Jacobs Rothstein, Former Director of the Federal Judicial Center
"My first reaction to the breadth and scope of the book was simply "wow!" At over 800 pages, the book moves with assurance and expertise from pre-litigation through trial. Rather than having too many cooks in the kitchen, the numerous authors represent a collective wisdom about e-discovery, with each having niche areas of keen knowledge...
Let me hasten to add that both e-discovery rookies and veterans will find this book a tremendous guide through the e-discovery labyrinth. "Geek talk" is carefully explained so the technophobic are not left behind as they read. Where principles are settled, the book makes that clear. Where controversy exists, the variances are explored with clarity.
This is a book you are likely to consult again and again as you face specific e-discovery issues and require expert guidance. I predict that a lot of lawyers will keep this book within easy reach for regular consultation! I know I will."
--- Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
Co-Author of the ABA's Electronic Discovery Handbook (2006)
Author of the Ride the Lightning computer forensics and e-discovery blog
Co-host of the Digital Detectives podcast on Legal Talk Network
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