This topic is organized into seven parts. They take you through the basics of e-discovery, ESI, rules, advisories, and litigation readiness. They cover the phases from preservation through production. Specialty issues, such as e-discovery in large cases and small cases and computer forensics, are covered. For a more detailed overview of topics, check out the following sections.
Part I: Examining e-Discovery and ESI Essentials
The topic starts by introducing you to the e-discovery laws that have changed the responsibilities of legal and information technology (IT) professionals. You read why every lawsuit and most civil cases can and will involve e-discovery and the accessibility of ESI (as well as ESI that’s not reasonably accessible).
You learn that most cases are settled as a result of e-discovery because that’s when both sides learn the strengths and weaknesses of their position relative to that of their opposition.
Part II: Guidelines for e-Discovery and Professional Competence
This part gives you an in-depth understanding of the e-discovery amendments, The Sedona Conference advisory guidelines often used by the bench in settling disputes, and the expected standards of legal competence and conduct. Although the Federal Rules and advisories guide e-discovery, the competency of counsel turns them into a winning edge. We present the Electronic Discovery Reference Model (EDRM) as it relates to processes of preserving, collecting, processing, reviewing, and producing ESI.
Part III: 1dentifying, Preserving, and Collecting ESI
In this part, we cover the first phases of e-discovery, namely the identification, preservation, and collection of ESI. These are the steps to take when a lawsuit is filed. You learn what to do when faced with an e-discovery request and the countdown to the meet and confer with opposing counsel within 99 days.
We discuss the meet-and-confer conference in detail. Being prepared to negotiate during this conference can make the difference between a quick settlement and a prolonged battle. There are no re-negotiations or bailouts for bad agreements.
Part 1V: Processing, Protecting, and Producing ESI
In the fourth part, we cover the next set of phases from processing of ESI through review, filtering, and the production of responsive, nonprivileged, redacted ESI. You read many examples of motions, mistakes, and monetary sanctions that could have been avoided.
All ESI issues might arise during these phases, including metadata, privilege, work product, keyword searches, and filtering by keyword, concept, and custodian. This part details the review process, which is the most expensive phase in e-discovery.
Part V: Getting Litigation Ready
In this fifth part, we examine the admissibility and relevance rule of electronic evidence, and forensics methods to recover and preserve it. Rules of evidence are subject to judgment, as are the federal rules of civil procedure. This part also covers advanced e-discovery strategies and issues, some of which are the use of experts, sanctions, depositions, and cost-shifting. We explain methods to authenticate evidence in civil trials. One indisputable duty is to keep the chain of custody intact because you can’t repair tainted electronic evidence.
Part VI: Strategizing for e-Discovery Success
In the sixth part, you learn about archiving electronic records, which differs from data backups. We discuss electronic records management (ERM) that’s necessary to be ready to respond to a request for ESI. The focus shifts from internal to external. We discuss e-discovery from the perspective of the judges and their powers to encourage parties to practice good faith and dissuade gamesmanship.
For large-scale, high-stakes, or unusual cases, you learn the value of partnering with vendors or litigation services companies to augment your expertise. For small cases, ESI may be the most convincing witness.
Part VII: The Part of Tens
Every For topic topic has The Part of Tens, and we give you three of them. The first one covers the must-know rules. The second focuses on keeping you up-to-date. The third one focuses on the courts and career-advancing lessons.
Glossary
We include an e-discovery dictionary of legal and technical terms used throughout this topic.
