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Arkfeld on Electronic Discovery and Evidence, 3rd Ed.

Arkfeld on Electronic Discovery and Evidence, 3rd Ed.

Expert discussion and analysis of electronic discovery in federal and state courts with sample forms, letters, and much more.


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Publisher :Law Partner Publishing
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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 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.

    HIGHLIGHTS INCLUDE:

    •  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, full text of cases, forms and checklists

    WHAT'S NEW IN THE THIRD EDITION: Updated and expanded thru April 2013, this edition includes:

    •  Complete replacement of Chapter 7, updated with the latest changes in the area of e-discovery, and updates on federal and state procedural rules, case law and technological issues
    •  Completely revised and updated looseleaf set
    •  New Meet and Confer Planning Guide
    •  New 47-page section entitled Information Technology Discovery Questions
    •  Newly revised Best Practices Guide: Information Technology Primer for Legal Professionals
    •  Newly revised Best Practices Guide for ESI Pretrial Discovery - Strategy and Tactics
    •  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

    Contents Include:

    •  Chapter 1: Electronic Information in Litigation
    •  Chapter 2: Creation and Storage of Electronic Information
    •  Chapter 3: Structure and Type 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

    BONUS! Replacement Companion CD-ROM
    This fully-searchable companion CD-ROM contains the full text of the treatise in an easy to use e-book format and the Best Practices Guides, with hypertext links to cited case law, statutes, and regulations, as well as checklists, practice forms, guidelines and many other resources.

    BONUS! Arkfeld's Best Practices Guide: Information Technology Primer for Legal Professionals is a resource for understanding the "information technology infrastructure" of organizations, locating "electronically stored information" (ESI), and managing it using computer technology. This primer is intended to be used as a general reference for the identification, preservation, collection and disclosure of ESI.

    Contents include:

    •  Overview of IT in organizations and electronic discovery
    •  Characteristics & forms of "electronically stored information" (ESI)
    •  IT infrastructure: people, hardware, software, networks
    •  ESI file system, concealment and types
    •  ESI sources and locations
    •  Using computer technology to search, identify, filter, review, produce and present ESI

    BONUS! Arkfeld's Best Practices Guide for ESI Pretrial Discovery -- Strategy and Tactics contains procedural steps, strategy and substantive law considerations related to the pretrial discovery of "electronically stored information" (ESI). These practices are intended to be used as general guidelines for the discovery and production of ESI. Depending on the unique issues of your case, these suggested practices may necessitate a different approach and should be considered on a case-by-case basis.

    Contents include:

    •  Overview of Electronic Discovery and Information Technology
    •  Preparing an Overall Plan and Strategy
    •  ESI Issues and Strategy
    •  Litigation Stages and Procedural Discovery Rules

    BONUS! Arkfeld's Best Practices Guide for Electronic Discovery and Evidence
    This guide offers an overview and workbook for the myriad legal and technology issues that need to be addressed whether you are requesting or producing ESI. This workbook will provide a plan and pretrial steps in discovering and disclosing ESI, and is cross-referenced to the treatise for an in depth look at the various issues. In addition, it also includes a 15-page "meet and confer" planning guide that provides the key topics and questions a party must address with their client and adversary as they prepare for, and participate in, a pretrial conference involving ESI.

    Contents Include:

    •  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 publication provides strategic guidance, recommendations and practice forms for legal professionals, organizations, including corporate counsel, in preparing for and implementing a "legal hold." This Guide provides an overview of the IT infrastructure of an organization and covers the components of a legal hold 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. It provides sample legal hold procedures and forms manual for an organization, preservation notice letters for your client and opposing counsel, and a section on information technology discovery questions.

    Contents Include:

    •  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 Forms
    •  Information Technology Discovery Questions
    •  Amended Federal Rules of Civil Procedure


    Visit our E-Discovery Page for additional information.

    Table of Contents

    Preface

    Cross-References

    CHAPTER 1 ELECTRONIC INFORMATION IN LITIGATION
    CHAPTER 2 CREATION AND STORAGE OF ELECTRONIC INFORMATION
    CHAPTER 3 STRUCTURE AND TYPE 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

    TABLE OF CASES

    GLOSSARY

    INDEX

     

    Michael R. Arkfeld


    Michael R. Arkfeld 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.

     

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This publication provides strategic guidance, recommendations and practice forms for legal professionals, organizations, including corporate counsel, in preparing for and implementing a "legal hold."