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Kidwell, Matthew M. Neumeier and Brian D. Hansen  \nFeaturing comprehensive guidance on:  \n• both offensive and defensive strategies  \n• special evidentiary issues  \n• “reasonableness” in the context of electronic discovery  \n• e-mail, messaging and other danger zones  \n• document retention policies that can withstand scrutiny  \n• forms and examples  \n1SAV0  \nUse promo code 217432 when ordering to receive your discount.  \n105 Madison Avenue • New York, NY 10016 • 800-603-6571  \nLaw Journal Press®  \nby Brent E. Kidwell, Matthew M. Neumeier and Brian D. Hansen  \nFor trial lawyers, battles over electronic discovery are an aspect of litigation that cannot be ignored. The widespread use of e-mail and of electronically stored data have fundamentally altered the scope of discovery requests and the judicial standards for what is “reasonable.” They have also led to new strategies and tactics that can mean the difference between winning a case and losing it.  \nA ROADMAP FOR PLANNING AND ENGAGING IN E-DISCOVERY Electronic Discovery by Brent E. Kidwell, Matthew M. Neumeier and Brian D. Hansen is a comprehensive and much needed treatment of this vital and evolving area. Beginning with the basic rules governing discovery, it discusses the legal and practical challenges involved ine-discovery, evidentiary concerns, the issuance of protective orders to limit electronic discovery, and strategic considerations—in short, everything the practitioner needs to master e-discovery and use it to his or her advantage.  \nThe authors provide in-depth analysis of questions such as these:  \n• What is “reasonable” in the context of electronic discovery?  \n• How broad a search for relevant electronic records is necessary?  \n• To what extent is a party required to attempt to retrieve “deleted” documents ?  \n• Can the requesting party be permitted to undertake its own independent search of the opponent's electronic record systems?  \n• Who bears the cost of searching and retrieving electronic records?  \n• What formats are required or permitted for the production of electronic records?  \n• What is the scope of the duty to supplement electronic records searches when the issues in dispute in the litigation remain ongoing?  \nE-DISCOVERY STRATEGIES FROM BOTH OFFENSIVE AND DEFENSIVE PERSPECTIVES  \nElectronic Discovery devotes considerable attention to how to deal with electronic discovery in an ongoing case.  \nTopics covered include:  \n• steps that must be taken to preserve electronic records when litigation is threatened or initiated  \n• document retention policies that will withstand judicial scrutiny should an electronic discovery battle ensue  \n• sanctions in civil litigation when the failure to produce is challenged  \n• authentication of electronic evidence and other evidentiary issues  \n• the use of experts in the retention, identification or production of evidence  \nSample forms and documents include the following:  \n• a document retention policy and preservation order  \n• an e-mail use and retention policy  \n• a request for production of electronic documents  \n• interrogatories  \n• an outline for deposing an electronic records custodian or information technology staff  \nThe authors provide a must-read discussion of electronic mail and messaging, often the most potentially dangerous target of e-discovery. They discuss the legal issues—including applicable federal statutes and privacy standards—as well as technical aspects. They also address other potentially hazardous areas of electronic recordkeeping, such asthe existence of often invisible “metadata”; the difficulty of deleting data completely; and common bad habits in electronic communications.  \nA TRULY MODERN DISCOVERY REFERENCE  \nMuch of the law of discovery is still based on dated statutes that have forced lawyers and the courts to improvise. Electronic Discovery, while covering older statutes in detail, is rooted squarely in the 21st Century. For the lawyer already exp","cbCaia95Lnpifpqp","https://ap.wps.com/l/cbCaia95Lnpifpqp","pdf",125725,6,"English","# Chapter 1\n## Introduction\n## Background\n## Electronic Discovery Issues\n# Chapter 2\n## The Federal Discovery Rules and Electronic Evidence\n## Application of the Federal Rules of Civil Procedure to Electronic Evidence\n## Requiring Production of Electronic Instead of Paper Documents\n## Rule 26 Initial Disclosures and Electronic Evidence\n## The Cost of Searching for and Retrieving Electronic Evidence\n# Chapter 3\n## Planning and Executing Electronic Discovery\n## Offensive Discovery\n## Defending Against and Responding to Electronic Discovery Requests\n# Chapter 4\n## Preserving Electronic Documents Before and After Litigation Ensues\n## Retention Policies\n## Document Preservation and Demand Letters\n## Document Preservation Orders\n## Sanctions for Failing to Produce or Preserve Electronic Evidence\n## Form: Sample Electronic Document Retention Policy\n## Form: Sample E-Mail Use and Retention Policy\n## Form: Sample Preservation of Evidence","[{\"question\":\"In electronic discovery, what does “reasonable” mean?\",\"answer\":\"The book discusses “reasonableness” in the context of e-discovery, including how courts judge scope and practical requirements for searching and producing electronic evidence.\"},{\"question\":\"How broad must the search be for relevant electronic records?\",\"answer\":\"It examines how wide a search for relevant electronic records is necessary and how that scope affects compliance during discovery.\"},{\"question\":\"What strategies and safeguards help preserve electronic evidence and avoid sanctions?\",\"answer\":\"The text covers steps to preserve electronic records, retention policies that can withstand judicial scrutiny, and the consequences when parties fail to preserve or produce electronically stored information.\"}]","Electronic Discovery - A Roadmap for Planning and Engaging in E-Discovery | PDF",1789529180]