Ediscovery Plain & Simple: A Plain English Crash Course in E-discovery
We communicate, transact business, and socialize electronically as never before, so it's no surprise that virtually all business records are created and kept in electronic form. That electronic data resides everywhere - - on computers, Blackberries and portable devices, servers, backup tapes. When organizations and individuals reasonably anticipate litigation, they are under an obligation to preserve all relevant electronically stored information, but with the tangled web of electronic data that is stored in so many places (often subject to conflicting rules and laws about the storage of that data), it is very difficult to understand the legal obligations and implement them. E-discovery Plain & Simple discusses the world of electronically stored information and discovery through the viewpoints of two international experts in this field, an attorney and information technology consultant. This book explains technology and the legal issues involved in how we communicate and store electronic information in a "plain English" fashion, with charts, checklists, simple images and diagrams that are designed for readers with little, if any, information technology background. E-Discovery Plain & Simple is a key source of information for attorneys; corporate legal and compliance departments; small business owners and those who assist them who need to understand their legal obligations in this area and have them explained in clearly and concisely.
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The Genesis of the Electronic Discovery Law I
2The Electronic Discovery Rules Are Enacted
ESI Preservation What ESI Needs to be Preserved and When Does it Need to be Preserved?
Duty to Preserve ESI Is Triggered Now What?
Where Technology the Law Collide
Where Is the Data?
Electronic Discovery in Practice
Sample Case Studies I 13
Selected Federal Rules of Civil Procedure as of March 2009 I 19
Sample Preservation Letters
attorney attorney's backup tapes claim client's cloud computing collection computer forensics consider copy cost counsel court order created creation date database de-duplication deleted files deposition disclose disclosure or discovery document preservation document retention document retention policy downloaded duplicate e-discovery electronic discovery electronic documents electronic evidence electronically stored information email account employee's example expenses forensic engineer forensic image format FRCP hard drive hash values home computer identify impose inaccessible initial disclosures inspection instant messages involved issue Legal Department legal hold notice litigation litigation hold Lotus Notes Mega metadata Microsoft Outlook motion multiple obligation to preserve operating system organization organization's party's personal data potentially relevant preservation letter preservation obligations privileged produce documents reasonably accessible relevant emails relevant employees require responding retrieve Rule sanctions server Shawnna specific spoliation spreadsheets storage subpoena tangible things trial understand unified messaging voice messages Zubulake