Electronic Discovery: Law and Practice

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More About This Textbook


The discovery of electronic communications can significantly affect the outcome of litigation. The continuing expansion of e-discovery creates both advantages and disadvantages for litigators. Electronic discovery is now a potent tool that ALL litigators use, and now you can be prepared and confident with Electronic Discovery: Law and Practice.

With Electronic Discovery: Law and Practice, you'll have the first single-source guide to the emerging law of electronic discovery, delivering reliable guidance on such topics as:

  • Duty to Preserve Electronic Evidence
  • Spoliation
  • Document Retention Policies and Electronic Information
  • Cost Shifting in Electronic Discovery
  • Evidentiary Issues
  • Inadvertent Waiver
  • Table of State eDiscovery rules
  • Litigation Hold Notices
  • Application of the Work Product Doctrine to Litigation Support Systems
  • Collection, Culling and Coding of ESI
  • Inspection of Hard Disks in Civil Litigation
  • Privacy Concerns
  • Disclosure under FOIA

Written by Adam Cohen of FTI Consulting, Inc. and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a compre– hensive guide. You’ll save time on research while benefiting from the knowledge and experience of the leading experts.

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Product Details

  • ISBN-13: 9780735530171
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 11/1/2003
  • Format: Ringbound
  • Edition description: Older Edition
  • Pages: 946
  • Product dimensions: 8.90 (w) x 10.00 (h) x 2.70 (d)

Table of Contents

Chapter 1 OVERVIEW


• §2.01 Introduction
• §2.02 Notifying an Adversary of the Duty to Preserve Electronic Evidence
• §2.03 Initial Disclosures: Rule 26(a)(1)
• §2.04 Early Discussion of and Planning for Electronic Discovery: Rules 26(f) and 16(b)
• §2.05 Document Requests
• §2.06 Format of Production
• §2.07 Interrogatories
• §2.08 Depositions
• §2.09 Defending Against Requests for Electronic Evidence
• §2.10 Electronic Discovery from Non-Parties
• §2.11 Expedited Discovery
• §2.12 Conclusion
• Appendix 2A Amendments to the Federal Rules of Civil Procedure
• Appendix 2B United States District Court Rules
• Appendix 2C Table of State Rules
• Appendix 2D Discovery Protocols
• Appendix 2E Order Concerning Electronic Discovery Hearing
• Appendix 2F Order for Preservation of Records
• Appendix 2G Selected Topics for Depositions of Corporate Representatives Regarding Facts Impacting ESI Availability to Examining Party


• §3.01 Duty to Preserve
• §3.02 Duty to Preserve Backup Tapes
• §3.03 Duty to Preserve Audio Recordings
• §3.04 Duty to Preserve Metadata
• §3.05 Duty to Preserve Instant Messaging
• §3.06 Duty to Preserve Chat Rooms
• §3.07 Duty to Preserve Hyper-Linked Images
• §3.07A Duty to Preserve Data Stored in RAM or Temporary Cache Files
• §3.07B Duty to Preserve Cell Phone Images
• §3.07C Duty to Preserve Information Stored on Home Computers
• §3.07D Duty to Preserve Text Messages
• §3.07E Duty to Preserve Website
• §3.08 Sanctions
• §3.09 2006 Amendments to the Federal Rules of Civil Procedure
• §3.10 Independent Tort of Spoliation
• Appendix 3A Federal Rule of Civil Procedure 37
• Appendix 3B Zubulake v. UBS Warburg LLC


• §4.01 Introduction: What Is an Electronic Document Retention Policy?
• §4.02 Case Law Concerning Document Retention Policies
• §4.03 Statutory and Regulatory Document Retention Obligations
• §4.04 Formulating an Electronic Document Retention Policy
• Appendix 4A Process, Transparency, Repeatability: Critical Success Factors for Legal Holds
• Appendix 4B Are You Ready for Federal Discovery Rules?
• Appendix 4C Sample Records Management Policy Provisions
• Appendix 4D Sample Litigation Hold Procedure Provisions for ESI


• §5.01 Introduction
• §5.02 The Federal Rules of Civil Procedure
• §5.03 Shifting Production Costs of Electronic Versions of Previously Produced Material
• §5.04 Shifting Costs of Electronic Discovery where Native Production Is Sought After Documents Have Already Been Produced
• §5.05 Shifting Costs of Electronic Discovery Where No Copies Have Been Produced
• §5.06 Cost-Shifting Under the 2006 Amendments
• §5.07 Shifting Costs for Forensic Examinations
• §5.08 Limiting the Costs of Electronic Discovery
• §5.09 Cost-Shifting for Third Parties
• §5.10 Role of Special Masters
• §5.11 Cost-Shifting in Expert Discovery
• §5.12 Cost-Shifting in State Court
• §5.13 Conclusion
• Appendix 5A Rowe Entertainment, Inc. v. The William Morris Agency

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