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  • Arkfeld on Electronic Discovery and Evidence, 2nd Ed.
 
 
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Arkfeld on Electronic Discovery and Evidence, 2nd Ed.

Looseleaf, 1200+ pages with CD-ROM, and 4 Best Practices Guides


Availability: In Stock
Publisher :Law Partner Publishing
Format: 1 Looseleaf volume, 1200+ pages with CD and 4 Best Practices Guides , BOOK
ISBN: 9781422446218
9/2009 Arkfeld
  $269.00
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    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 1200 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:

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


    • CONTENTS INCLUDE:
  • 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 SECOND EDITION
    Updated and expanded July 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";
  • Completely revised section on searching and retrieving ESI (electronically stored information) including search types, protocol, and certification of search methodology;
  • Expansion of treatise that includes state cases from all jurisdictions;
  • New Rule FRE 502 section analyzing inadvertent disclosure, attorney-client privilege and work product and limitations on waiver;
  • Latest cases on cost allocation, proportionality, and "not reasonably accessible" issues;
  • Analysis of "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;
  • Sanctions for failure to preserve and cooperate; and
  • Over a hundred practice forms, checklists, preservation letters, court orders, etc. available online!


    • 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:
  • The Basics of Electronic Discovery
  • Is it necessary to have a Discovery Plan?
  • Requesting Electronic Information
  • Responding to an Electronic Discovery Request
  • Admission of Electronic Evidence
  • 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:
  • The Basics of Electronic Discovery
  • Preparing an Overall Plan and Strategy
  • ESI Issues and Strategy
  • Litigation Stages and Procedural Discovery Rules

    BONUS! Arkfeld's Best Practices Guide for Litigation Readiness and Hold
    This completely revised publication provides strategic guidance, recommendations and practice forms for legal professionals, including corporate counsel, 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.

    Contents Include:
  • Litigation Readiness Plan Components
  • How to Recognize "Triggering" Events
  • How to Formulate a Litigation Hold Strategy
  • Litigation Hold duties, directives, and tasks
  • Checklist for IT Systems and ESI Type, Storage, and Locations
  • Practice Forms: Notice to Preserve Letter to Opposing Party, Organization Litigation Hold Procedures and Forms Manual and Law Firm Litigation Hold Procedures

    BONUS! Arkfeld's Best Practices Guide: Information Technology Primer for Legal Professionals
    This publication 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.

    • Table of Contents:

    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.

    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: Collecting, Processing and Searching Electronic Information
    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 7 Appendix: State Cases and Rules Summary

    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.

     

    Michael R. Arkfeld, Esq.


    Michael R. Arkfeld, Esq. is a leading consultant, practicing civil litigator, speaker and author who is involved on a daily basis in the discovery and admission of electronic information. As a former assistant United States Attorney his practice emphasized cases involving personal injury, medical malpractice, employment discrimination, immigration and a host of other civil claims. Arkfeld has appeared before federal and state appellate courts and has tried more than 30 cases before a jury. He is a member of the State Bar of Arizona. He is also the author of The Digital Practice of Law (5th Ed.): A Practical Reference for Applying Technology Concepts to the Practice of Law. Arkfeld was given the national 2004 E-Evidence Thought Leading Scholar Award and received the President's Award from the State Bar of Arizona in 1996. Arkfeld regularly conducts seminars, lectures, and courses on the impact of technology in the practice of law, and on discovery and admission of electronic evidence. His seminars have taken him throughout North America and internationally. For more information on Arkfeld's availability for seminars and lectures, he can be reached by e-mail at Michael@Arkfeld.com.

     

    Products to Consider

    Arkfeld's Best Practices Guide for Electronic Discovery and Evidence, '08-'09 Ed.
    A practical step-by-step guide on how to request or produce electronic data.

    Arkfeld's Best Practices Guide for ESI Pretrial Discovery -- Strategy and Tactics , '08-'09 Ed.
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    Arkfeld's Best Practices Guide for Litigation Readiness and Hold, '09-'10 Ed.
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