The Legal and Economic Implications of Electronic Discovery

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Author :
Publisher : Rand Corporation
ISBN 13 : 0833044222
Total Pages : 39 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis The Legal and Economic Implications of Electronic Discovery by : James N. Dertouzos

Download or read book The Legal and Economic Implications of Electronic Discovery written by James N. Dertouzos and published by Rand Corporation. This book was released on 2008 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.It includes reports on exploratory research to identify the most important legal and economic implications of electronic discovery and develop a research agenda to improve future policy.

The Legal and Economic Implications of Electronic Discovery

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Author :
Publisher : Rand Corporation
ISBN 13 : 0833045997
Total Pages : 39 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis The Legal and Economic Implications of Electronic Discovery by : James N. Dertouzos

Download or read book The Legal and Economic Implications of Electronic Discovery written by James N. Dertouzos and published by Rand Corporation. This book was released on 2008-03-24 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.

Electronic Discovery

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 1454815604
Total Pages : 1846 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Electronic Discovery by : Adam I. Cohen

Download or read book Electronic Discovery written by Adam I. Cohen and published by Wolters Kluwer. This book was released on 2011-12-19 with total page 1846 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and 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 Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

Cloud Computing and Electronic Discovery

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1118764307
Total Pages : 208 pages
Book Rating : 4.1/5 (187 download)

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Book Synopsis Cloud Computing and Electronic Discovery by : James P. Martin

Download or read book Cloud Computing and Electronic Discovery written by James P. Martin and published by John Wiley & Sons. This book was released on 2014-09-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explore the frontier of electronic discovery in the cloud Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices. This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes: An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider Updates on current and proposed laws governing discovery of information held by a third party cloud service provider Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

e-Discovery For Dummies

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0470584092
Total Pages : 381 pages
Book Rating : 4.4/5 (75 download)

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Book Synopsis e-Discovery For Dummies by : Carol Pollard

Download or read book e-Discovery For Dummies written by Carol Pollard and published by John Wiley & Sons. This book was released on 2009-10-16 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.

eDiscovery for the Legal Professional

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543858414
Total Pages : 442 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis eDiscovery for the Legal Professional by : Christine E. Broucek

Download or read book eDiscovery for the Legal Professional written by Christine E. Broucek and published by Aspen Publishing. This book was released on 2023-09-15 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.

eDiscovery for the Legal Professional

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543816762
Total Pages : 373 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis eDiscovery for the Legal Professional by : Christine Broucek

Download or read book eDiscovery for the Legal Professional written by Christine Broucek and published by Aspen Publishing. This book was released on 2019-09-13 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for today’s student, eDiscovery for the Legal Professional introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice of law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field, substantive legal precedent and case studies, procedural changes based on recent revisions to the Federal Rules of Civil Procedure, practical application of eDiscovery tools and resources, discussion of changing technology definitions, usage and trends, and ethical considerations for the legal professional when managing electronic discovery and data. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman terms. Up-to-date discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with Examples and Exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and Key Points that highlight essential concepts and practical applications. Key topics covered include: Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary that helps students with new and unfamiliar vocabulary

E-discovery: Creating and Managing an Enterprisewide Program

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Author :
Publisher : Syngress
ISBN 13 : 9780080949178
Total Pages : 328 pages
Book Rating : 4.9/5 (491 download)

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Book Synopsis E-discovery: Creating and Managing an Enterprisewide Program by : Karen A. Schuler

Download or read book E-discovery: Creating and Managing an Enterprisewide Program written by Karen A. Schuler and published by Syngress. This book was released on 2011-04-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hottest topics in computer forensics today, electronic discovery (e-discovery) is the process by which parties involved in litigation respond to requests to produce electronically stored information (ESI). According to the 2007 Socha-Gelbmann Electronic Discovery Survey, it is now a $2 billion industry, a 60% increase from 2004, projected to double by 2009. The core reason for the explosion of e-discovery is sheer volume; evidence is digital and 75% of modern day lawsuits entail e-discovery. A recent survey reports that U.S. companies face an average of 305 pending lawsuits internationally. For large U.S. companies ($1 billion or more in revenue)that number has soared to 556 on average, with an average of 50 new disputes emerging each year for nearly half of them. To properly manage the role of digital information in an investigative or legal setting, an enterprise--whether it is a Fortune 500 company, a small accounting firm or a vast government agency--must develop an effective electronic discovery program. Since the amendments to the Federal Rules of Civil Procedure, which took effect in December 2006, it is even more vital that the lifecycle of electronically stored information be understood and properly managed to avoid risks and costly mistakes. This books holds the keys to success for systems administrators, information security and other IT department personnel who are charged with aiding the e-discovery process. *Comprehensive resource for corporate technologists, records managers, consultants, and legal team members to the e-discovery process, with information unavailable anywhere else *Offers a detailed understanding of key industry trends, especially the Federal Rules of Civil Procedure, that are driving the adoption of e-discovery programs *Includes vital project management metrics to help monitor workflow, gauge costs and speed the process

E-Discovery

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Author :
Publisher : American Bar Association
ISBN 13 : 9781604421156
Total Pages : 140 pages
Book Rating : 4.4/5 (211 download)

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Book Synopsis E-Discovery by : John M. Barkett

Download or read book E-Discovery written by John M. Barkett and published by American Bar Association. This book was released on 2008 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: E-discovery has shaken up litigation across America. The case law is developing in a number of areas and conflicting decisions are not unusual. This concise book examines recurring issues in the area of e-discovery in an accessible question and answer format. It offers insight into the thorny issues and references specific cases to make your research quicker and easier. It provides much-needed clarity on the issues that you see in e-discovery.

Arkfeld's Best Practices Guide for Electronic Discovery and Evidence

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Author :
Publisher :
ISBN 13 : 9780769887371
Total Pages : pages
Book Rating : 4.8/5 (873 download)

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Book Synopsis Arkfeld's Best Practices Guide for Electronic Discovery and Evidence by : Michael R. Arkfeld

Download or read book Arkfeld's Best Practices Guide for Electronic Discovery and Evidence written by Michael R. Arkfeld and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to E-discovery

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Author :
Publisher : American Bar Association
ISBN 13 : 9781604423808
Total Pages : 540 pages
Book Rating : 4.4/5 (238 download)

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Book Synopsis Introduction to E-discovery by : Ralph C. Losey

Download or read book Introduction to E-discovery written by Ralph C. Losey and published by American Bar Association. This book was released on 2009 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one can operate effectively in the court rooms of tomorrow without a good understanding of wheres, hows and whys of digital evidence. As a cover-to-cover read to learn more about the hot topics and latest case law in e-discovery, this book can provide that understanding. After a read through, this book can be used again and again as a reference, with its appendix of useful reference materials to look up cases and arguments to use in daily practice. It's written in an easy-to-read style, making it perfect for anyone interested in e-discovery. Book jacket.

Electronic Discovery

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Author :
Publisher : Law Journal Seminars Press
ISBN 13 : 9781588521323
Total Pages : 500 pages
Book Rating : 4.5/5 (213 download)

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Book Synopsis Electronic Discovery by : Brent Kidwell

Download or read book Electronic Discovery written by Brent Kidwell and published by Law Journal Seminars Press. This book was released on 2005 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of e-mail and electronically stored data has fundamentally changed the discovery process and the judicial standards for what is a "reasonable" discovery request. It has also led to new strategies and tactics that can mean the difference between winning and losing a case. Electronic Discovery is a comprehensive and much-needed treatment of this vital and evolving area. Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations--in short, everything the practitioner needs to master the use of e-discovery. Electronic Discovery looks closely at "reasonableness" in the context of electronic discovery, e-mail, messaging and other danger zones, data analysis and computer forensics, document retention policies that can withstand scrutiny, and other essential topics. The authors provide guidance from both offensive and defensive perspectives, including timesaving forms and examples. This truly modern reference will prove its worth to practicing trial lawyers for years to come. Book ʧ looseleaf, one volume, 428 pages; published in 2005, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-132-3.

Electronically Stored Information

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Author :
Publisher : CRC Press
ISBN 13 : 1466575972
Total Pages : 403 pages
Book Rating : 4.4/5 (665 download)

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Book Synopsis Electronically Stored Information by : David R. Matthews

Download or read book Electronically Stored Information written by David R. Matthews and published by CRC Press. This book was released on 2012-07-17 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although we live in a world where we are surrounded in an ever-deepening fog of data, few understand how the data are created, where data are stored, or how to retrieve or destroy data. Accessible to readers at all levels of technical understanding, Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Sto

A Law and Economics Approach to Litigation Costs

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Author :
Publisher : Independently Published
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.6/5 (43 download)

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Book Synopsis A Law and Economics Approach to Litigation Costs by : Russell Hasan

Download or read book A Law and Economics Approach to Litigation Costs written by Russell Hasan and published by Independently Published. This book was released on 2020-04-26 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper answers the fundamental question of how much a lawsuit should cost. It does this by applying a new interpretation of Coase Theorem and Law and Economics. It applies that new theory by focusing on an area which has emerged as the source of the most expensive costs in complex federal litigation: Electronic Discovery. This paper is a must-read for every lawyer whose practice involves litigation and for every client seeking to understand his legal costs and their justification in relation to what benefits he is buying by paying those costs. As a reaction to the exploding costs of e-discovery, the 2015 amendment to Federal Rule of Civil Procedure 26 gives Judges more power to rein in costs, by making it explicit that e-discovery which fails the proportionality test is outside the scope of discoverable information. The proportionality doctrine of Rule 26 is so named because it asserts that the amount of money you spend on electronic discovery should be in proportion to the needs of the underlying case and should not exceed such an amount. Unfortunately, Judges after 2015 face a problem: the proportionality test articulated in Rule 26 is very vague and difficult to apply. In a test for a proportion, one might expect two quantitatively defined items and a correct ratio between them, which the test as written lacks and provides no clues for. Instead, proportionality motions in today's law practice are mere crybaby motions, where a litigant whines and complains about how expensive his costs are, hoping the Judge will take pity, with no rhyme or reason as to whether that cost is proportionate. This paper seeks to solve that problem and help Judges by articulating the details of a proportionality test, one grounded in the rich tradition of the Law and Economics jurisprudence in a theoretically rigorous derivation. In summary, the drafters of the 2015 amended Federal Rules want federal Judges to use the proportionality doctrine, but Judges are hesitant to do so absent a clear bright line test for how to apply it, and this paper solves that problem. A mathematical formula for the amount of money that should be spent on e-discovery for any given lawsuit is defined, and, in the process of solving the problem posed by the proportionality doctrine, the paper gets at the basic issue of why and how to ascertain the justifiable amount of money to spend on legal fees.

E-Discovery

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590319536
Total Pages : 328 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis E-Discovery by : Ralph C. Losey

Download or read book E-Discovery written by Ralph C. Losey and published by American Bar Association. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces electronic discovery and explains the latest trends and cases.

Electronic Records Management and E-discovery

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Author :
Publisher : Aspatore Books
ISBN 13 : 9780314268198
Total Pages : 0 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Electronic Records Management and E-discovery by : Catherine R Connors

Download or read book Electronic Records Management and E-discovery written by Catherine R Connors and published by Aspatore Books. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic Records Management and e-Discovery provides an authoritative, insiders perspective on key strategies for managing electronic records during litigation. Featuring partners from some of the nations leading law firms, these experts guide the reader through the process of implementing an e-discovery strategy, as they discuss the importance of protecting electronic information, considering e-discovery aspects early on in litigation, and agreeing on a framework to pursue electronic discovery with opposing counsel. These top lawyers reveal their advice on navigating current rules and regulations governing electronic records and e-discovery and comment on the need for additional regulation in this area of law. From meeting with the IT staff of corporate clients to understanding the evolution of electronic records management systems, these authors explain the importance of gathering information regarding a clients electronically stored information and retention policies. These attorneys also discuss recent trends in e-discovery, including relevant cases and changing legal standards. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating a rapidly-changing area of law.

Costs and Burdens of Civil Discovery

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Author :
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Costs and Burdens of Civil Discovery by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Costs and Burdens of Civil Discovery written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2012 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: