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$269*
1000 pages
Looseleaf volume
with CD-ROM and
4 Best Practice Guides
ISBN 9781422446218
Pub No. 22425
For Bulk Discount Pricing, call 1-800-533-1637.
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*Plus applicable tax, shipping and handling charges. Prices subject
to change without notice.
Discounts are available on multiple copy purchases or a networkable CD-ROM for your law firm, government agency, or other legal organization. For more information, call 1-800-533-1637.
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"[Arkfeld on Electronic Discovery and Evidence] . . . quickly became the e-discovery bible for practitioners, jurists, and everyone interested in the exploding area of the law. . . . If e-discovery is becoming an inescapable part of your law practice, I unreservedly recommend that the Electronic Discovery and Evidence treatise, guides, and CD-ROM be on your bookshelf, in your briefcase, and loaded onto your computer."
--Mark S. Sidoti, Esq., Gibbons P.C.
Arkfeld
on Electronic Discovery and Evidence is a comprehensive treatise that addresses all the key aspects of the discovery
and admission of electronic evidence, within the context of relevant statutes,
regulations, and federal and state case law. Authored by Michael R. Arkfeld,
Esq., a leading attorney and speaker, the Second Edition is completely revised,
enhanced both in substance and format. The up-to-date 1000 page treatise
contains 8 chapters as well as four companion Best Practices Guides, which are
cross-referenced to the treatise, and a fully-searchable CD-ROM. It provides
fingertip access to sample discovery forms, letters, and court orders, and
includes dozens of practice tips and pointers. Highlights include:
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Clear explanations of technology and legal concepts;
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Authoritative discussion of court rules related to electronic information;
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Case summaries on electronic discovery and evidentiary issues;
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Forms, checklists, and practical pointers; and
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Well-organized legal and technology content
Read what reviewers are saying!
CONTENTS INCLUDE:
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Chapter 1: Electronic Information in Litigation
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Chapter 2: Creation and Storage of Electronic Information
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Chapter 3: Structure and Types of Electronic Information
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Chapter 4: Computer Forensics, Experts and Service Bureaus
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Chapter 5: Search, Technology and Cost Issues in Managing ESI
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Chapter 6: Discovery and Production Process
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Chapter 7: Court Procedural Rules and Case Law
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Chapter 7 Appendix: State Cases and Rules Summary
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Chapter 8 Appendix: State Cases and Rules Summary
WHAT'S NEW IN THE SECOND EDITION
Up-to-date through February 2009, this edition includes a detailed discussion of e-discovery federal and state cases with critical cross references to the underlying technology and legal concepts. Building on the well-organized and acclaimed first edition of this treatise, the second edition expands to cover the latest issues affecting e-discovery, including:
- Detailed analysis regarding new court mandates involving “triggering events” and implementing “litigation holds;”
- Expansion of treatise to include state cases from all jurisdictions
Impact of New FRE 502 on inadvertent disclosure
- Explanation of key technology concepts such as backups, metadata, native files, etc. and how they apply to electronic discovery;
- Procedural rules and techniques on how to protect ESI including “not reasonably accessible”, burdensome, cost allocation, and more;
- Ethical concerns for lawyers who fail to properly advise their clients about “metadata,” preservation and disclosure obligations, and more;
- Analysis of third party control of ESI, "reasonably usable form," "kept in the usual course of business," and ESI "form or forms"
- Analysis of “meet and confer” obligations including discussing “any issues relating to disclosure or discovery” of ESI;
- Rule 26(c) protective orders and certification requirements under Rule 26(g)
- Sanctions for failure to preserve and cooperate;
- Cases holding firms responsible for ESI processing errors
- Practice forms, checklists, preservation letters, court orders and more!
BONUS! Companion CD-ROM
This fully-searchable companion CD-ROM contains the full text of the treatise and Best Practices Guides, with hypertext links to case law, statutes, regulations and rules cited by the author. The CD-ROM also includes checklists, practice forms, guidelines, and many other resources. The user-friendly and intuitive interface allows you to take advantage of improved search technologies, as well as to print, copy and paste, and save material to your computer.
BONUS! Arkfeld's Best Practices Guide for Electronic Discovery and Evidence
This guide provides a practical step-by-step guide covering the legal and technology issues involved in requesting or producing electronic data. It contains critical cross-references to the treatise where you can find more information on each topic.
Contents include:
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The Basics of Electronic Discovery
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Is it necessary to have a Discovery Plan?
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Requesting Electronic Information
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Responding to an Electronic Discovery Request
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Admission of Electronic Evidence
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Amended Federal Rules of Civil Procedure & Committee Notes
BONUS! Arkfeld's Best Practices Guide for ESI Pretrial Discovery -- Strategy and Tactics
This guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. These include scope of discovery, preservation obligation, controlling costs, search methodology, form of production, accessibility of ESI and cost allocation, and much more. Whether it is a "meet and confer" or request for production, these are the sixteen critical issues to focus on in requesting or producing ESI. This book provides you with a valuable strategy and checklist for, and guidance on, the legal and technology issues affecting your pretrial e-discovery decisions.
Contents include:
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The Basics of Electronic Discovery
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Preparing an Overall Plan and Strategy
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ESI Issues and Strategy
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Litigation Stages and Procedural Discovery Rules
BONUS! Arkfeld's Best Practices Guide for Litigation Readiness and Hold
This guide provides strategic guidance and recommendations to legal professionals in preparing for and implementing a ?litigation hold.? This Guide covers the components of a litigation readiness plan to ensure that your client can identify, preserve, collect, process, and review electronic data for disclosure in a timely manner. Such a proactive approach will contribute to your success by properly identifying and preserving ESI once a triggering event occurs. In addition, an important section entitled Court Directives, Duties, and Tasks, derived from case law, highlights the litigation hold obligations for disclosing parties.
Contents include:
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Litigation Readiness Plan Components
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How to Recognize ?Triggering? Events
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How to Formulate a Litigation Hold Strategy
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Checklist for IT Systems and ESI Type, Storage, and Locations
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Litigation Hold Court Directives, Duties, and Tasks
BONUS! Arkfeld's Best Practices Guide: IT Primer for Legal Professionals
Arkfeld's Best Practices Guide: Information Technology Primer for Legal Professionals provides a much needed primer in understanding the “information technology infrastructure” of organizations. Understanding the infrastructure and technology concepts will enable legal professionals to apply e-discovery legal mandates in order to request and produce “electronically stored information” (ESI). The primer includes important sections in identifying, locating and managing “electronically stored information” (ESI) using computer technology.
Contents include:
- Overview of information technology in organizations and the electronic discovery process.
- Characteristics and "form or forms" of ESI
- IT infrastructure of a company's IT people, hardware, software and networks.
- ESI types, file systems and structure of data.
- Sources, storage, locations, metadata and concealment of ESI
- Computer technology available to search, identify, review and produce ESI.
Contents>>
Sample Pages (pdf)>>
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Bonus!
Companion CD-ROM
For information on networkable CD-ROMs, call 1-800-533-1637.
More information>>
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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. It also
includes a summary of state cases and rules.
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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