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| Introduction | |
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| Introduction to E-discovery and Digital Evidence | |
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| An Overview of E-discovery | |
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| What Is Digital Evidence? | |
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| Types of Digital Evidence | |
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| Cloud Computing and Digital Evidence | |
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| Factors Affecting Evidence Acquisition | |
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| Overview of E-discovery Tools | |
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| Cost and Time Considerations | |
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| Federal Rules in U.S. Courts | |
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| The Federal Rules of Civil Procedure | |
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| The Federal Rules of Criminal Procedure | |
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| The Federal Rules of Evidence | |
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| Rules and Policies Governing Digital Evidence | |
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| Sedona Principles | |
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| FRCP Amendments | |
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| State Amendments Related to ESI | |
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| United Nations Model Law | |
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| European Corporate Laws | |
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| Canadian Rules of Civil Procedure | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| A Brief History of E-discovery | |
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| When Did E-discovery Begin? | |
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| The Computer Fraud and Abuse Act | |
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| EDI, ESI, and E-discovery | |
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| Overview of Metadata in E-discovery | |
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| E-discovery Perspectives | |
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| E-discovery from a Criminal Perspective | |
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| E-discovery from a Civil Perspective | |
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| How to Read a Case | |
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| Overview of the Electronic Discovery Reference Model | |
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| Criminal Cases and the EDRM | |
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| Introduction to the Case Study | |
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| The Enron Case | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| E-discovery Planning and Tools | |
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| Selecting the E-discovery Scope | |
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| Broad E-discovery Scopes | |
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| Targeted E-discovery Scopes | |
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| Factors in Planning Discovery | |
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| Legal Considerations | |
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| Data Authentication | |
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| Data Collections | |
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| Cost and Time Considerations | |
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| Using Digital Forensics Tools for E-discovery | |
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| E-discovery Software | |
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| E-discovery and Trial | |
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| Trial Presentation Tools | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Experts: The Right Person for the Right Job | |
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| Managing E-discovery | |
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| Discovery Management in the Past | |
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| E-discovery Management Today | |
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| Digital Forensics Consultants and Examiners | |
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| A Digital Forensics Consultant's Role in Civil Cases | |
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| A Digital Forensics Examiner's Role in Criminal Cases | |
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| Testimony by Digital Forensics Consultants and Examiners | |
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| Training and Experience for Digital Forensics Consultants | |
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| E-discovery Consultants | |
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| Consultant Categories | |
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| Testimony by E-discovery Consultants | |
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| Outsourcing E-discovery Consultants | |
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| Special Masters and Forensics Mediators | |
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| Best Practices in Selecting an E-discovery Team | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Digital Evidence Case Flow | |
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| Preserving Digital Evidence | |
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| Duty to Preserve | |
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| Identification and Collection | |
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| Processing Digital Evidence | |
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| Requests for Data | |
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| Eliminating Duplicate Files | |
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| Using Native or Converted Files | |
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| Then There's Paper | |
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| Identifying and Reviewing Relevant Data | |
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| Sorting Relevant and Nonrelevant Data | |
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| Attorney-Client and Work-Product Privileges | |
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| Protected Discovery | |
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| The Production Phase | |
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| Arbitration and Mediation | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Case Study: From Beginning to Trial | |
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| Early Case Evaluation | |
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| Prelitigation Investigations | |
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| Starting Litigation | |
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| Legal Hold | |
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| Request for Admission | |
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| Interrogatories | |
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| Meet and Confer | |
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| Request for Production | |
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| Plaintiffs' E-discovery Management | |
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| Sampling and Metrics | |
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| Project Management Resources | |
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| E-discovery Organization | |
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| Case Issues and Strategies | |
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| Database Configuration | |
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| Document Coding | |
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| Quality Assurance | |
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| Metrics Review | |
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| Fact-Finding | |
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| Pretrial Motions | |
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| Trial Presentation | |
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| Trial Tools | |
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| Exhibit Organization and Migration | |
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| Courtroom Facilities | |
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| Security Considerations | |
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| Jury Considerations | |
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| Judicial Considerations | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Information Governance and Litigation Preparedness | |
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| Examining Information Governance | |
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| Privacy Laws | |
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| Freedom of Information Act | |
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| Systems to Assist with Litigation Preparedness | |
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| Planning for Multiple Litigations | |
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| Mergers and Acquisitions | |
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| Speeding Up Searches | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Researching E-discovery Case Law | |
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| Understanding the Legal Appeals Process | |
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| Using Legal Databases | |
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| Examining U.S. Case Law | |
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| E-mail and Privacy | |
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| Litigation Holds | |
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| Effects of Criminal Case Law | |
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| International Law and Multijurisdictional Cases | |
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| Using the E-discovery Database | |
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| Tables in the Database | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| The Future of E-discovery | |
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| Privacy Revisited | |
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| New and Proposed ISO Standards | |
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| The Effects of New Technology | |
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| Searching Data on Mobile Devices in Criminal Cases | |
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| E-discovery and Social Media | |
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| Storage in the Cloud | |
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| Emerging Trends | |
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| Anti-forensics in E-discovery | |
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| Anti-forensics Methods | |
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| Chapter Summary | |
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| Key Terms | |
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| Review Questions | |
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| Hands-On Projects | |
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| Case Projects | |
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| References | |
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| Resources | |
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| Glossary | |
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| Index | |