Product Description
Electronic Discovery: Law and Practice provides the why and the how-to of this dynamic topic in a single integrated source. Whether you're advising a client on electronic data retention policies, initiating or responding to discovery requests or making evidentiary rulings, you need to stay on top of how the law and the procedural rules are changing as well as the technology issues that affect the law. Experts Adam I. Cohen and David J. Lender of Weil, Gotshal & Manges, LLP, take a pragmatic approach, drawing from real world scenarios to prepare you for what may happen, including everything from planning for and dealing with the damning e-mail to the ease of manipulation and altering of electronic information. Options and solutions are provided on a broad range of issues as diverse as:
* How electronic discovery is treated differently by courts
* Parties and lawyers duties for the retention of electronic records
* The impact of electronic document retention policies on litigation
* Shifting the costs of electronic discovery to your adversary
* Admitting and precluding electronic evidence
* How electronic communication affects the attorney-client privilege
* Specific rules for discovering government information
If you or your clients use computers or other electronic devises to send, receive or store information, you can t afford to miss this important new tool.
About the Author
Adam I. Cohen is a partner in the litigation department of the New York office of Weil, Gotshal & Manges LLP, specializing in litigation and related counseling on intellectual property and commercial matters for clients in the technology, media, and entertainment industries, with a focus on computer and Internet-related issues. Mr. Cohen has extensive experience representing and advising clients in connection with digital music copyright issues. His work in this area has included litigation in federal courts and before the U.S. Copyright Office, negotiations with the performing rights societies ASCAP, BMI, and SESAS as well as the RIAA, and counseling on music licensing strategies and transactions. Among the many clients Mr. Cohen has represented in this area are AOL, Bertelsmann, Yahoo!, MTV, Showtime, BET, Listen.com, MusicMatch and the Comedy Channel. Mr. Cohen has also represented some of the largest media and technology companies in the world, including Reuters and Computer Associates, in contract and tort litigation arising from computer-related business transactions. Mr. Cohen is also active in counseling clients, as well as speaking and writing, on discovery and document retention issues associated with electronic information. Mr. Cohen is the founder and Editor in Chief of the monthly WGM Internet Law Bulletin and is a frequent speaker on Internet and computer law topics.Mr. Cohen is admitted to practice in the courts of the State of New York, as well as the United States District Courts for the Southern and Eastern Districts of New York. Mr. Cohen is a 1993 graduate of the Duke University School of Law, where he served as an editor on the Duke Journal of International Law. He received his B.A. in Philosophy from Wesleyan University in 1990. David J. Lender is a partner in the litigation department of the New York office of Weil, Gotshal & Manges LLP, specializing in complex commercial litigation, with particular emphasis in patent and intellectual property law. Over the past several years, he has successfully tried numerous cases, both in federal and state courts. His most recent victory was in March 2003 when he was co-lead counsel and won a USD416.88 million jury verdict for Exxon Mobil Corporation against Saudi Basic Industries Corporation in Delaware Superior Court, successfully asserting claims for breach of contract and usurpation under Saudi Arabian law. The award was one of the largest jury verdicts in the United States that year. He also successfully defended Sotheby's in a consignor litigation in the District of New Mexico in January 2001, again serving as co-lead counsel.Mr. Lender has also successfully represented Sequa Corporation, Matsushita, JVC, and The Travelers Insurance Company in various litigations involving patent and other commercial disputes. Mr. Lender is an author and frequent lecturer on numerous legal subjects, including electronic discovery issues. Mr. Lender received his J.D. degree with High Honors, Order of the Coif from the Duke University School of Law in 1993, and his B.A. degree, cum laude, from Duke University in 1990. Mr. Lender is admitted to practice in New York and before the U.S. Court of Appeals for the Federal Circuit and Third Circuit, the U.S. District Courts for the Southern and Eastern District of New York, the U.S. Court of Federal Claims, and the U.S. Tax Court.
