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Risk Management
Considerations In Regard to Corporate Email and Electronic Documents
Author: Al Kassis, JD
This article addresses email, instant messaging, e-docs and the related risks
that companies face in litigation and business. This article also discusses what
risk avoidance strategies and undertakings should take place.
Metadata
Strategies in Litigation: What You Don't See Might Hurt You
Author: Al Kassis, JD
Under Amended Rules of Civil Procedure Rule 26(f), the discovery conference
requirement must now encompass a discussion of electronic discovery. The
Advisory Notes further suggest that the parties should discuss whether and how
metadata should be exchanged. This article discusses how metadata may be used
after the
hurdle of whether there is a “particularized need” is established, as
some courts require.
Solving the Lotus Notes Discovery Puzzle
Author: Henry Berman, Manager of Business Development - Western
Region, Esquire Litigation Solutions
Although the processes, procedures, tools and tactics for processing
electronically stored information (ESI) have improved dramatically in recent few
years, the proper handling of IBM Lotus Notes/Domino (Notes) still remains in
many ways a mystery to litigators, practice support professionals, and
litigation support vendors alike. Too often Notes is categorized as merely
email, but this is at best a superficial characterization.
Prepare to Hear More Discovery Requests
for Audio
Author: Al Kassis, JD
While the industry continues to develop the best practices and strategies
related to all aspects of e-discovery, one relatively new area of discovery
which is likely to gain even more attention as an areas of concern is audio.
This article focuses on issues that litigators may encounter when making or
receiving requests for audio data.
Protecting
Against Inadvertent Waiver of the Attorney-Client Privilege or Work Product
Protection May Be Easier and Perhaps Even Less Costly Under Proposed New Rule
502 of the Federal Rules of Evidence
Author: Bill
Rossick, JD
The more electronically-stored information (ESI) you have,
the more risk there is of inadvertently producing
electronically stored information intended to be
withheld because of privilege. The more risk of
inadvertent disclosure, the more complex and costly
the process needed to prevent such mistakes.
Prepare Yourself
to Confer Before Conferring
Author: Al Kassis,
JD
Learn about Rule 26(f) under the Federal Rules of
Civil Procedure, and how it affects the way you
approach electronic discovery. Proactive measures
with your client may now be necessary. This is
particularly so if the client is litigious with
matters historically involving electronically-stored
information (ESI).
Crafting a 30(b)(6)
Deposition Notice
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
One foreseeable outcome of the new rules is the use
of this legal tool, designed to compel a
corporation, partnership, association, or
governmental agency to designate one or more of its
"officers, directors, or managing agents, or other
persons" to testify on behalf of the corporation on
specified issues pertaining to a case. The
responding party must present a witness able to
testify as to matters "known or reasonably available
to the organization." When it comes to cases
involving ESI, this could mean IT or IS personnel,
document retention policy managers, computer
forensics experts, and other possible candidates.
Summary of the 2006 Amendments to the Federal Rules of Civil Procedure
Regarding Electronically Stored Information
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
This white paper briefly summarizes the important
aspects of 2006 Amendments to the Federal Rules of
Civil Procedure regarding electronically stored
information (ESI) from a litigator’s perspective.
It is not intended to be an exhaustive or all-encompassing review of these amendments, but rather
to convey to active practitioners what they need to
know when dealing with ESI in discovery under these
amendments.
Rule 30(b)(6)
Depositions in Electronic Discovery: Discovering
What There Is to Discover
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
One of the challenges in electronic discovery is
identifying the various sources of electronically
stored information (ESI) that could be relevant to a
particular matter. The electronic information that a
company possesses is usually distributed on its
various servers, employees' computers, backup tapes,
and many other media or devices. How long a piece of
information remains is generally determined by
document management and retention policies, backup
policies, and of course by the behavior of the
employees. Understanding how a corporation or agency
stores and manages its ESI is critical in developing
an effective electronic discovery request. A rule
30(b)(6) deposition is an extremely useful tool to
gain this understanding—helping to build the
foundations of a case—as well as to explore all
the ways persons within that entity actually
conducted business day-to-day, once you’ve received
data and had a chance to review it.
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Collecting Client
E-mails: Avoid the
E-mail Forwarding Trap
Electronic Evidence White Paper Series
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
Harvesting e-mail through the seemingly innocuous
practice of e-mail forwarding can result in
spoliation of both text and metadata, and defeat
processes used by EE vendors to sort and organize
e-mail collections. Is there is a better, easier,
and safer way to collect emails? The answer is a
qualified yes.
Defensible Filtering of
Electronic Evidence
Author: Linda J.
Thorpe, MS, D-M Information Systems, Inc.
Developing defensible filtering techniques can allow
you to dramatically reduce the volume of
electronically stored information that must be
reviewed prior to production, greatly enhancing the
efficiency of the discovery process.
Reviewing Email and
Attachments in Outlook: Brilliant Stroke or Bad
Idea?
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
Explore the challenges of using Microsoft’s Outlook
as a tool for reviewing and producing emails and
attachments, and learn about some of the advantages
obtained by properly processing electronically
stored information prior to attorney review and
production.
Practical Steps to
Preserving Electronic Evidence: A Lawyer’s Duty
Author: Robert W.
Keenan, JD, Director of Electronic Evidence
Programs, D-M Information Systems, Inc.
Synopsis: Courts have put the responsibility of
preserving electronic evidence on both attorney and
client. Learn how to fulfill that responsibility and
avoid sanctions by using a practical approach to
preserve potentially relevant electronically stored
information.
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