Electronic Evidence and Discovery: Arkfeld

By Michael R. Arkfeld, Esq.

"Michael Arkfeld's treatise on e-discovery is peerless among publications. No other volume offers the encyclopedic treatment of the topic and its depth and breadth of scholarship. Michael Arkfeld lucidly weaves practical knowledge gleaned from years at the bar with a professorial commitment to case law and best practices."

-Craig Ball, Attorney and Special Master

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 Third Edition is completely revised, enhanced both in substance and format. The up-to-date 1400+ 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.

• Authoritative discussion of court rules and federal and state cases on electronic discovery and evidentiary issues
• Clear and easy to read explanations of technology and legal concepts
• Four cross-referenced Practice Guides
• Over 110 forms, checklists, and practical pointers
• eBook contains all the content, actual cases, forms and checklists

Read what reviewers are saying!

• Chapter 1: Electronic Information in Litigation
• Chapter 2: Creation and Storage of Electronic Information
• Chapter 3: Structure and Types of Electronic Information
• Chapter 4: Computer Forensics, Experts and Service Bureaus
• Chapter 5: Search, Technology and Cost Issues in Managing ESI
• Chapter 6: Discovery and Production Process
• Chapter 7: Court Procedural Rules and Case Law
• Chapter 7 Appendix: State Cases and Rules Summary
• Chapter 8: Admissibility of Electronic Evidence

WHAT'S NEW IN THE THIRD EDITION
Updated and expanded thru August 2011, this new edition includes:

• Completely revised and updated looseleaf set
• New Meet and Confer Planning Guide 
• New 47-page section entitledInformation Technology Discovery Questions 
• Newly revised Electronic Discovery and Evidence Best Practices Guide  
• Newly revised Best Practices Guide for Legal Hold  
• Discussion of search types, protocol, and certification of search methodology
• "Legal hold" detailed analysis regarding "triggering events"
• Information on Rule FRE 502 section analyzing inadvertent disclosure, attorney-client privilege and work product and limitations on waiver
• Latest analysis on cost allocation, proportionality, and "not reasonably accessible" issues

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: IT Primer for Legal Professionals
This guide provides a much needed primer in understanding key technological concepts and the “information technology infrastructure” of organizations. Understanding these IT areas will enable legal professionals to properly apply e-discovery legal mandates such as a "legal hold" in their cases. Included is a new section entitled Information Technology Discovery Questions that you can use in addressing IT issues with your clients, in depositions, interrogatories, and requests to produce.

• Overview of IT in organizations and the electronic discovery process
  
• ESI characteristics, forms, types, file systems and structure of data
  
• IT infrastructure of a company's IT people, hardware, software, networks. and backups
  
• Sources, storage, locations, metadata and concealment of ESI with a special emphasis on e-mail, databases and Internet data
  
• Identifying, locating and managing ESI using computer technology
  

BONUS! Arkfeld's Best Practices Guide for ESI Pretrial Discovery -- Strategy and Tactics
This popular 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, sanctions, cost allocation, and much more. New with this guide is a "meet and confer" planning guide that will assist in reducing the ESI population and costs.

• The Basics of Electronic Discovery
• Preparing an Overall Plan and Strategy
• ESI Issues and Strategy - Sixteen Critical Issues
• Litigation Stages and Procedural Discovery Rules

BONUS! Arkfeld's Best Practices Guide for Electronic Discovery and Evidence
Revamped and updated, this guide offers an overview and workbook for the myriad legal and technological issues that need to be addressed whether you are requesting or producing “electronically stored information” (ESI). This workbook provides a plan and pretrial steps in discovering and disclosing ESI. Also included is a 15-page “meet and confer” planning guide which outlines the key topics and questions for a pretrial conference.

• The Basics of Electronic Discovery
• Electronic Discovery Plan
• Requesting Electronic Information
• Responding to an Electronic Discovery Request
• Admission of Electronic Evidence
• Amendments to the Federal Rules of Civil Procedure
• "Meet and Confer" Planning Guide

BONUS! Arkfeld's Best Practices Guide for Legal Hold
This completely revised publication provides strategic guidance, recommendations, and practice forms necessary in preparing for and implementing a “legal hold.” It covers the components of a legal hold readiness plan to identify,preserve, collect, process, and review electronic data for disclosure in a timely manner. Practical tips include sample legal hold procedures and forms manual for an organization, preservation notice letters for clients and opposing counsel, and a new section on information technology discovery questions.

• Overview of Legal Hold and Electronic Discovery
• Overview of Information Technology
• Legal Hold Readiness Plan
• Legal Hold (Court Directives, Duties and Tasks)
• Organization Legal Hold Procedures and Forms Manual
• Law Firm Legal Hold Procedures and Practice

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. It also includes a summary of state cases and rules.

Chapter 7 Appendix: State Cases and Rules Summaries

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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