An edition of The discovery revolution
(2005)
The discovery revolution
e-discovery amendments to the Federal rules of civil procedure
by George Paul, George L. Paul, and Bruce H. Nearon
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Subjects
Electronic discovery (Law), United States, United States. Supreme Court, Supreme Court., Legal Reference / Law Profession, Business Law, Law, United States., Litigation, Civil Procedure, Law / Reference, Business & Financial, Federal rules of civil procedure, United states, supreme court, Discovery (law), Law, united statesPlaces
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| Edition | Availability |
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1
The Discovery Revolution: A Guide to the E-Discovery Amendments to the Federal Rules of Civil Procedure
April 25, 2006, American Bar Association
Paperback
in English
- 2 edition
1590316053 9781590316054
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WorldCat
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2
The discovery revolution: e-discovery amendments to the Federal rules of civil procedure
2005, American Bar Association
in English
1590316053 9781590316054
|
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Libraries near you:
WorldCat
|
Book Details
Table of Contents
The revolution in discovery
The rise and consequent miniaturization of the computer
The connectivity revolution
The new digital realm of information
The new information complex
The impact on the practice of law
The response of the rule makers
Meet the new rules
The new concept of electronically stored information and recognition that information exists within enveloping systems
The form of information is dynamic
Conforming amendment to rule 33(d)
Early attention to e-discovery matters, disclosures
The new concept of accessibility
The new retrieval procedure
The safe harbor
Changes to rule 45
Brief background on the rule amendment process
The process for amending the rules
The standing committee and the judicial conference
The Supreme Court and congressional review
Where we are now in the process
Preservation of evidence and sanctions for spoliation
Public commentary on publication draft
Legal background on the duty to preserve evidence
The reasonableness standard
Tailoring by means of rule 26
E-mail
Backup tapes
Metadata
Parties must take affirmative steps to preserve electronic evidence
Stipulated agreements and preservation letters
Preservation orders
Litigation holds
Technical issues concerning preservation
Sanctions for spoliation
The Coleman-Morgan Stanley saga
Caution to practitioners : the moral of Morgan Stanley
The new meaning of the rule 26(f) conference
Public comments about early discussion of issues
Suggestion of technical experts presence
New rule 26(f) and note after public comment
Changes made after publication and comment
Advocates must explore the relevant information systems
The wisdom of prompt action
How to cure nervousness about preservation orders
Practical obstacles to gathering systems information
The possibility of proprietary IT architecture
Beware, lack of information will foster motion practice
The desirability of an early privilege waiver agreement
What to ask for the network architecture and the people running IT
The IT people
Network diagram
Server/router list
Workstation and laptop list
ASPs
Other relevant information to ask for
Anticipating a not reasonably accessible response
Why ask for network diagram, server list, workstation and laptop list, and ASPs?
The difficulty of gathering evidence in a distributed system
Issues regarding form of production
Public commentary applauding discussion of form of production
Negative comments about native format
New rule 34(b) and advisory committee note
The concept of direct access or entering a computer system
Case study about form of production
Native files and the existence of metadata
The concept of differing views of file information
Authenticity issues and the importance of metadata
Considerations on choice of forms of production and processing native files to achieve different forms
Collection and forensics
The world of processing
Choices about form of production
Native file linking in electronic discovery databases
Image linking in electronic discovery databases
How to produce the information
The thorny issue of accessibility
Support for the two-tier system in commentary
Opposition to the two-tier system in commentary
New discovery rubric deemed unnecessary and redundant
Objections to lack of particularity requirement
Predictions of an explosion in motion practice
General confusion about meaning of the term reasonably accessible
Comments on the identification requirement
Cost shifting and sharing
Proposed rule 26(b)(2) after revisions
The committee's revisions in light of the substantial public comment
Balancing test for cost shifting for discovery of inaccessible information
The notion of sampling to test the assertion of inaccessibility
More detail and particularity on the identification requirement
Evaluating claims of not reasonably accessible
Factors for consideration in the accessibility analysis
Evolving case law on cost shifting and regulations regarding accessibility
The danger of generalizing determining reasonably accessible vs. not reasonably accessible based on media regulatory requirements/industry standards
Auditors mandated retention of records
Have the rules changed on forensic examination of hard drives?
The new retrieval procedure
Public commentary
The support and opposition of a certification requirement
The reasonable time issue for notice
New rule 26(b)(5)(b) after public comment
Changes to the rule after public comment
Ability to custom tailor agreements under rules 26(f)(4) and 16(b)(6)
Expansion to trial-preparation materials
Reasonable steps to retrieve disseminated information
Reasonable time requirement disappears
The difficulty of sequestration and retrieval in the new information paradigm
The new safe harbor provision
Public commentary about the proposed safe harbor
Absence of evidence of a sanctions problem
onslaught of preservation orders?
The state of mind issue
Changes to the rule after public comment.
Edition Notes
Includes index.
Classifications
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History
- Created April 1, 2008
- 8 revisions
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| June 17, 2023 | Edited by ImportBot | import existing book |
| December 11, 2020 | Edited by MARC Bot | import existing book |
| April 16, 2010 | Edited by bgimpertBot | Added goodreads ID. |
| April 14, 2010 | Edited by Open Library Bot | Linked existing covers to the edition. |
| April 1, 2008 | Created by an anonymous user | Imported from Scriblio MARC record |