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    E-Discovery : Current Trends and Cases

    ISBN-10: 1590319532
    ISBN-13: 9781590319536
    Edition: N/A
    Author(s): Ralph C. Losey
    List price: $99.95
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    List Price: $99.95
    Publisher: American Bar Association
    Publication Date: 4/23/2008
    Binding: Paperback
    Pages: 200
    Size: 6.00" wide x 9.00" long x 0.75" tall
    Weight: 1.188
    Language: English

    Prefacep. vii
    Introduction to e-Discoveryp. 1
    Overview of the Problems Posed by e-Discovery and the Team-Based Solutionp. 1
    Intellectual Foundation of Electronic Discoveryp. 14
    Top Trends in e-Discovery Noted at ILTA Conferencep. 17
    U.S. Supreme Court Justice Speaks Out on e-Discoveryp. 29
    Top Ten Reasons e-Discovery Is a Major Headache for Most Companies and Lawyersp. 32
    National e-Discovery Counsel and the 98% Rulep. 36
    The Admissibility of Electronic Evidencep. 37
    Second Edition of The Sedona Principles and the Need for Proportionalityp. 39
    The Sedona Conference Releases Two New Must-Read Commentaries on "Email Management" and "Legal Holds"p. 44
    Information Explosion and the Future of Litigationp. 50
    New Ethical Standards for e-Discoveryp. 55
    Zubulake Dutyp. 55
    Litigation Hold Is Not Enough: Sanctions Imposed Under Rule 26(g) for Negligent Collection and Preservationp. 65
    Sanctions for e-Discovery Abuses-Is the Attorney to Blame?p. 69
    ABA First Annual National Institute on E-Discoveryp. 70
    New York Judge's Top Ten Tipsp. 72
    The New Rules for e-Discoveryp. 77
    Introduction to the New Rulesp. 77
    December 1, 2006: New Rules Went Into Effectp. 78
    When Do the New Rules Apply?p. 78
    Survey Shows IT Not Ready for New Rulesp. 79
    Practice Under the New Rules: an e-Discovery CLEp. 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 ESIp. 91
    Rule 37 and the Supreme Court on Document Destructionp. 94
    Rule 37(f) Safe Harbor Requires Routines That Most Companies Lackp. 98
    Judge Shira A. Scheindlin Video on the New Rules Is Now Onlinep. 101
    Model Electronic Discovery Order under the New Rulesp. 104
    Uniform Law Commission Approves Model e-Discovery Rulesp. 106
    ABA Civil Discovery Standards on e-Discovery and Technologyp. 111
    Spoliation and Sanctionsp. 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 Courtp. 116
    IT Tech's Fast-Talk Had Zero Persuasive Value with Judgep. 124
    Judge Trash-Talks the Government for Its Discovery Abusesp. 129
    Should a Litigation Hold Include Backup Tapes?p. 133
    E-Mail Woes Hit Morgan Stanley Againp. 137
    Morgan Stanley Wins Twop. 139
    Scorched-Earth Litigation Tacticsp. 142
    Court Disapproves Defendant's "Hide the Ball" Discovery Gamesmanshipp. 144
    No Spoliation Sanctions for "Missing" Porn on Police Computersp. 146
    Adverse Inference Entered Against Plaintiff Employeep. 150
    The Case of the Midnight Hackerp. 151
    Plaintiff's e-Discovery Skullduggery Leads to Further Punishment by the Courtp. 152
    Bankruptcy Court Imposes Sanctions in Adversary Proceedingp. 152
    Metadatap. 157
    What Is Metadata?p. 157
    When Should Metadata Be Produced?p. 158
    Metadata Mistake by Top Spy Agencyp. 167
    Objections to Requests for Native Format Productionp. 169
    "Play It Like It Lies" and No Mulligansp. 172
    MSG Is Bad for Youp. 173
    Search and Review of ESIp. 177
    Introduction to Search and Reviewp. 177
    Sedona's New Commentary on Search, and the Myth of the Pharaoh's Cursep. 178
    Keyword Searches Versus Concept Searchesp. 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 Privilegep. 200
    Louis Vuitton Sanctioned for Sandbagging a Searchp. 201
    Are Government Employee Emails Always a Public Record?p. 203
    Yahoo Replaces Sex as the #1 Search Quary on Googlep. 207
    Popular Search Terms in 2006p. 209
    New Technologiesp. 211
    District Court in Los Angeles Decides Computer RAM Memory Must Be Preserved and Producedp. 211
    Hashp. 219
    Law Review Article Published on the Mathematics Underlying e-Discovery: HASH: The New Bates Stampp. 221
    Computer Mapsp. 226
    Thumb Drive Used to Misappropriate Trade Secrets; 'De-duplication' Used as an Excuse for Not Returning All ESI Takenp. 231
    Top Corporate Officers Continue to Write Embarrassing Emailsp. 234
    Forensic Fishing Expedition Rejectedp. 236
    World's Largest Data Repositoriesp. 238
    Appendixp. 241
    New Rule 16, Federal Rules of Civil Procedurep. 241
    New Rule 26p. 243
    New Rule 34p. 255
    New Rule 37p. 262
    Uniform Law Commission's Proposed Uniform Rules Relating to Discovery of Electronically Stored Informationp. 264
    ABA Civil Discovery Standards Technology Section Excerpt (August 2004)p. 270
    Local District Court Rulesp. 286
    How Much Data Do You Have?p. 291
    Indexp. 293
    About the Authorp. 315
    Table of Contents provided by Ingram. All Rights Reserved.

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