This 2006-2007 expanded edition (more than 60 additional pages) will update you on all the latest case law and procedural developments concerning electronic evidence. Inside you will find a enlarged chapter discussing the pending federal rules along with the committee notes and commentary. You will also find expanded analyses concerning search protocol and certification, and the numerous federal directives requiring counsel to proactively identify and preserve responsive electronic data. Answers on how to discover, produce and admit electronic evidence to avoid ethical problems and court sanctions are found in this latest edition of Electronic Discovery and Evidence.
As a bonus, the treatise is now accompanied with a copy of the Best Practices Guide, which provides a practical step-by-step guide on how to request or produce electronic data containing critical cross-references to the Electronic Discovery and Evidence treatise.
With the purchase of the treatise in either loose-leaf or electronic formats, customers can entitled to access recent case summaries, practice forms and other valuable information available online by enrolling on a password-protected Members' website which can be found at the Law Partner Publishing web site.
This leading treatise as been purchased by more than 1400 of the top law firms, corporations, service bureaus, government organizations and law libraries in the country. The treatise has become the textbook of choice for law schools and is provided online for the SEC's enforcement unit.
Also included are the new e-discovery Federal Rules of Civil Procedure, effective December 1, 2006. An expanded Chapter 7 sets forth the pending rules, committee notes and commentary for each rule. For instance, the pending rules require counsel to discuss the preservation and disclosure of electronic data during the Rule 26 "meet and confer" conference, and then prepare a proposed order for the subsequent Rule 16 hearing before a federal judge. After the Rule 16 hearing, the pending rules require that initial disclosures must include "electronically stored information" (ESI). The pending rules also cover the burdensome issue of accessible vs. inaccessible data as well as the procedural format for handling the inadvertent production of privileged information. Rule 33 has been amended to permit the reference to ESI in response to an interrogatory. Rule 34 enlarges the concept of "document" to include ESI, and sets forth the procedure to determine the form or forms for disclosure of data between the parties. The treatise discusses the necessity to disclose data "into a reasonably useful format" and as "kept in the usual course of business." Rule 37 was amended to include the concept of a "safe harbor" for the loss of data under certain circumstances. Finally, Rule 45 was changed as to discovery of electronic data from third parties, incorporating many of the same changes affecting parties to a lawsuit.
