E-discovery and Data Privacy
E-discovery and Data Privacy

Author: Catrien W. Noorda

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 458

ISBN-13: 9041133453

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"This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative costs of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained"--P. [4] of cover.

E-discovery: Creating and Managing an Enterprisewide Program
E-discovery: Creating and Managing an Enterprisewide Program

Author: Karen A. Schuler

Publisher: Syngress

Published: 2011-04-18

Total Pages: 330

ISBN-13: 0080949177

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One of the hottest topics in computer forensics today, electronic discovery (e-discovery) is the process by which parties involved in litigation respond to requests to produce electronically stored information (ESI). According to the 2007 Socha-Gelbmann Electronic Discovery Survey, it is now a $2 billion industry, a 60% increase from 2004, projected to double by 2009. The core reason for the explosion of e-discovery is sheer volume; evidence is digital and 75% of modern day lawsuits entail e-discovery.A recent survey reports that U.S. companies face an average of 305 pending lawsuits internationally. For large U.S. companies ($1 billion or more in revenue)that number has soared to 556 on average, with an average of 50 new disputes emerging each year for nearly half of them. To properly manage the role of digital information in an investigative or legal setting, an enterprise--whether it is a Fortune 500 company, a small accounting firm or a vast government agency--must develop an effective electronic discovery program. Since the amendments to the Federal Rules of Civil Procedure, which took effect in December 2006, it is even more vital that the lifecycle of electronically stored information be understood and properly managed to avoid risks and costly mistakes. This books holds the keys to success for systems administrators, information security and other IT department personnel who are charged with aiding the e-discovery process. - Comprehensive resource for corporate technologists, records managers, consultants, and legal team members to the e-discovery process, with information unavailable anywhere else - Offers a detailed understanding of key industry trends, especially the Federal Rules of Civil Procedure, that are driving the adoption of e-discovery programs - Includes vital project management metrics to help monitor workflow, gauge costs and speed the process

Cloud Computing and Electronic Discovery
Cloud Computing and Electronic Discovery

Author: James P. Martin

Publisher: John Wiley & Sons

Published: 2014-09-09

Total Pages: 208

ISBN-13: 1118764307

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Explore the frontier of electronic discovery in the cloud Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices. This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes: An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider Updates on current and proposed laws governing discovery of information held by a third party cloud service provider Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

Managing E-discovery and ESI
Managing E-discovery and ESI

Author: Michael Berman

Publisher: American Bar Association

Published: 2011

Total Pages: 0

ISBN-13: 9781616329730

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The legal landscape, and litigation, have changed markedly in the last decade.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.

Electronic Discovery
Electronic Discovery

Author: Brent Kidwell

Publisher: Law Journal Seminars Press

Published: 2005

Total Pages: 500

ISBN-13: 9781588521323

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The use of e-mail and electronically stored data has fundamentally changed the discovery process and the judicial standards for what is a "reasonable" discovery request. It has also led to new strategies and tactics that can mean the difference between winning and losing a case. Electronic Discovery is a comprehensive and much-needed treatment of this vital and evolving area. Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations--in short, everything the practitioner needs to master the use of e-discovery. Electronic Discovery looks closely at "reasonableness" in the context of electronic discovery, e-mail, messaging and other danger zones, data analysis and computer forensics, document retention policies that can withstand scrutiny, and other essential topics. The authors provide guidance from both offensive and defensive perspectives, including timesaving forms and examples. This truly modern reference will prove its worth to practicing trial lawyers for years to come. Book ʧ looseleaf, one volume, 428 pages; published in 2005, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-132-3.

eDiscovery for the Legal Professional
eDiscovery for the Legal Professional

Author: Christine Broucek

Publisher: Aspen Publishing

Published: 2019-09-13

Total Pages: 373

ISBN-13: 1543816762

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Designed for today’s student, eDiscovery for the Legal Professional introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice of law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field, substantive legal precedent and case studies, procedural changes based on recent revisions to the Federal Rules of Civil Procedure, practical application of eDiscovery tools and resources, discussion of changing technology definitions, usage and trends, and ethical considerations for the legal professional when managing electronic discovery and data. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman terms. Up-to-date discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with Examples and Exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and Key Points that highlight essential concepts and practical applications. Key topics covered include: Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary that helps students with new and unfamiliar vocabulary

The Legal and Economic Implications of Electronic Discovery
The Legal and Economic Implications of Electronic Discovery

Author: James N. Dertouzos

Publisher: Rand Corporation

Published: 2008

Total Pages: 39

ISBN-13: 0833044222

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The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.It includes reports on exploratory research to identify the most important legal and economic implications of electronic discovery and develop a research agenda to improve future policy.

eDiscovery for the Legal Professional
eDiscovery for the Legal Professional

Author: Christine E. Broucek

Publisher: Aspen Publishing

Published: 2023-09-15

Total Pages: 442

ISBN-13: 1543858414

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Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.