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“Mr. Arkfeld's treatise on Electronic Discovery and Evidence is an extraordinarily useful, practical and accessible guide to an emerging and critical area of discovery."

--Browning E. Marean, Partner, DLA Piper

Arkfeld on Electronic Discovery and Evidence is a comprehensive treatise that addresses all the key aspects of the collection and admission of electronic evidence, within the context of relevant statutes, regulations, and case law. Highlights include:

• Clear explanations of technology and legal concepts;
• Authoritative discussion of court rules related to electronic information;
• Case summaries on electronic discovery and evidentiary issues;
• Forms, checklists, and practical pointers; and
• Well-organized legal and technology content

Read what reviewers are saying!

Expanded New Edition
Now Complete with the March 2008 Supplement!

The second edition is expanded to include a detailed discussion of the new e-Discovery Federal Rules of Civil Procedure, effective December 1, 2007, setting forth the amended rules, committee notes and a commentary for each rule.

Authored by Michael R. Arkfeld, Esq., a leading attorney and speaker, the Second Edition is completely revised, enhanced both in substance and format. The new 850 page treatise contains 8 chapters as well as 2 companion Best Practices Guides and a fully-searchable CD-ROM with forms and checklists and the full text of cases cited in the treatise.

What's New in the 2nd Edition >>

Your Key to Understanding E-Discovery
A detailed legal treatise for lawyers and other legal professionals, this publication explores legal dilemmas that may present themselves in the discovery and admissibility of electronic evidence, and discusses every aspect of the process including electronic information storage, outside expert assistance, the inherent benefits of electronic formats, as well as the laws and procedures for admitting evidence in your case.

Inside, you will find the latest case law and procedural developments concerning electronic evidence, in addition to expanded analyses of search protocol and certification, and the numerous directives requiring counsel to proactively identify and preserve responsive electronic data. The treatise also includes answers on how to discover, produce and admit electronic evidence to avoid ethical problems and court sanctions.

Contents>>

Sample Pages (pdf)>>

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Contents include:

Chapter 1: Electronic Information in Litigation
Sets the stage for understanding the pervasive change from paper to electronic evidence and discusses the unique characteristics of electronic data and why you have to discover and produce this evidence. See Sample Pages

Chapter 2: Creation and Storage of Electronic Information
Provides basic information as to how electronic information is created, stored and retrieved, and includes an analysis of storage media, devices and locations.

Chapter 3: Structure and Types of Electronic Information
Discusses the underlying computer setup, business software applications and how electronic material is organized; explores special issues unique to electronic information and provides a detailed analysis of the different software types (e-mail, web pages, etc.), as well as citations to legal authorities when applicable.

Chapter 4: Computer Forensics, Experts and Service Bureaus
Explores the role of forensic specialists in assisting with the collection and processing of electronic information.

Chapter 5: Search, Technology and Costs Issues in Managing ESI
Focuses on the actual collection, processing and searching of electronic information as well as the different data formats.

Chapter 6: Discovery and Production Process
Discusses the discovery and production steps and focuses on the overall plan, scope of request, preservation request, production format and other practical issues involved in discovering and producing data.

Chapter 7: Court Procedural Rules and Case Law
Focuses on the new e-discovery Federal Rules of Civil Procedure and case law relevant to the production and disclosure of electronic information; covers a broad area including Rule 16 pretrial conference, Rule 26 initial disclosures, experts’ reports, relevancy, overbroad claims, cost allocation issues, work product, attorney-client waiver issues and protective orders, etc.

Chapter 8: Admissibility of Electronic Evidence
Examines the evidentiary considerations for the admission of electronic evidence; discusses the general concepts of preliminary questions, judicial notice, relevancy, expert witness testimony, hearsay, authentication, and the Best Evidence rule as they pertain to specific electronic data.

Complete with a comprehensive subject index, a glossary of terms, and a detailed table of cases, this treatise is your authoritative resource to electronic discovery and evidence.

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