LexisNexis Practice Guide New York e-Discovery and Evidence

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LexisNexis, Dec 7, 2012 - Law
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Your Starting Point for New York e-Discovery

Comprehensive in scope, New York e-Discovery and Evidence:

•   Describes the creation, storage, and production of electronically stored information.

•   Suggests how to deal with the dynamic information stored in metadata.

•   Discusses the need to avoid spoliation and retrieve, restore, or translate the material before it is produced.

•   Examines issues regarding relevance and privilege.

•   Explains how to use electronically stored information at trial.


Targeted Practical Guidance:

•   Task-based checklists, with cites to applicable court rules and case law, take litigators step-by-step through the various areas of e-discovery. A master checklist serves as a starting point for performing any task in the e-discovery process.

•   Real World Practice Tips-- including strategic points, warnings, timing and exceptions -- raise critical issues and prevent missteps.

•   Dozens of easily downloaded attorney-drafted and court-tested forms save time and streamline work flow.

This eBook features links to Lexis Advance for further legal research options.

 

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Contents

UNDERSTANDING GENERAL DIFFERENCES
LOCATING ELECTRONICALLY STORED
EXAMINING DATA STORAGE
IDENTIFYING ADDITIONAL SOURCES
UNDERSTANDING RECOVERY COLLECTION AND REVIEW
PLANNING ELECTRONIC DISCOVERY
REVISING PLANS FOR ELECTRONIC DISCOVERY
ACTING ON PRELIMINARY PLANS
ANALYZING DUTY TO PRESERVE
ESTABLISHING VIOLATION OF DUTY TO PRESERVE
SEEKING OR OPPOSING MOTION TO COMPEL
EXAMINING REMEDIES FOR FAILURE TO COMPLY
MEETING AND CONFERRING ON
HONORING DUTY TO PRESERVE ELECTRONICALLY
SEEKING AND OPPOSING SANCTIONS
AVOIDING SANCTIONS

UNDERSTANDING GOVERNING LAW
MEETING PARTYS OBLIGATION TO GATHER
UNDERSTANDING TORTS APPLICABLE
IDENTIFYING ETHICAL ISSUES ARISING
UNDERSTANDING ETHICAL ISSUES IN COUNSELS
DISCOVERING ESI IN FOREIGN JURISDICTIONS
Discovery
PREPARING FOR DISCOVERY OF ELECTRONICALLY
MEETING REQUIREMENTS OF SPECIFIC COURT
RESPONDING TO REQUEST FOR DISCLOSURE
RESPONDING TO INTERROGATORIES NOTICES
INFORMATION
EXAMINING REMEDIES
COMPLYING WITH RESTRICTIONS ON SUBPOENAS
USING ELECTRONIC DISCOVERY
REQUESTING AND PRODUCING
ADMITTING
ESTABLISHING BEST PRACTICES
EXAMINING DIFFERENCES BETWEEN STATE
FORMS APPENDIX
203 02 Stipulated Electronic Data Preservation Protocol
Information
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