Electronic Discovery: Law and Practice

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Aspen Publishers, 2003 - Law - 946 pages
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Electronic Discovery: Law and Practice addresses all aspects of the practice of discovery with respect to electronic information. The major theme focuses on the application of pragmatic guidelines to actual practice scenarios and covers all relevant legal and technical issues. The authors discuss the vertical markets, both from the corporate policy/records retention issues as well as the litigation issues, for markets such as intellectual property, computer/technology, accounting, securities practice, etc. This book includes authoritative discussion of critical topics, including: Potential locations for electronic information; Retention policies; Storing and organizing of electronic information; Costs and efforts involved in locating electronic information; Corporate policies and practices regarding use of email; Assuring the preservation of electronic information by taking early precautions; Recognizing that electronic discovery is a two-way street; Preparing a discovery plan; Duty to preserve; Initial discovery requests; Forensics experts; Framing discovery requests; Protective orders; Requests for electronic information

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About the author (2003)

Adam I. Cohen is a partner in the litigation department of the New York office of Weil, Gotshal & Manges LLP, specializing in litigation and related counseling on intellectual property and commercial matters for clients in the technology, media, and entertainment industries, with a focus on computer and Internet-related issues. Mr. Cohen has extensive experience representing and advising clients in connection with digital music copyright issues. His work in this area has included litigation in federal courts and before the U.S. Copyright Office, negotiations with the performing rights societies ASCAP, BMI, and SESAC as well as the RIAA, and counseling on music licensing strategies and transactions. Among the many clients Mr. Cohen has represented in this area are AOL, Bertelsmann, Yahoo!, MTV, Showtime, BET, Listen.com, MusicMatch and the Comedy Channel. Mr. Cohen has also represented some of the largest media and technology companies in the world, including Reuters and Computer Associates, in contract and tort litigation arising from computer-related business transactions. Mr. Cohen is also active in counseling clients, as well as speaking and writing, on discovery and document retention issues associated with electronic information. Mr. Cohen is the founder and Editor in Chief of the monthly WGM Internet Law Bulletin and is a frequent speaker on Internet and computer law topics. Mr. Cohen is admitted to practice in the courts of the State of New York, as well as the United States District Courts for the Southern and Eastern Districts of New York. Mr. Cohen is a 1993 graduate of the Duke University School of Law, where he served as an editor on the Duke Journal of International Law. He received his B.A. in Philosophy from Wesleyan University in 1990.

David J. Lender is a partner in the litigation department of the New York office of Weil, Gotshal & Manges LLP, specializing in complex commercial litigation, with particular emphasis in patent and intellectual property law. Over the past several years, he has successfully tried numerous cases, both in federal and state courts. His most recent victory was in March 2003 when he was co-lead counsel and won a $416.88 million jury verdict for Exxon Mobil Corporation against Saudi Basic Industries Corporation in Delaware Superior Court, successfully asserting claims for breach of contract and usurpation under Saudi Arabian law. The award was one of the largest jury verdicts in the United States that year. He also successfully defended Sotheby's in a consignor litigation in the District of New Mexico in January 2001, again serving as co-lead counsel. Mr. Lender has also successfully represented Sequa Corporation, Matsushita, JVC, and The Travelers Insurance Company in various litigations involving patent and other commercial disputes. Mr. Lender is an author and frequent lecturer on numerous legal subjects, including electronic discovery issues. Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990. Mr. Lender is admitted to practice in New York and before the U.S. Court of Appeals for the Federal Circuit and Third Circuit, the U.S. District Courts for the Southern and Eastern District of New York, the U.S. Court of Federal Claims, and the U.S. Tax Court.

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