Newly updated for 2011-2012, this guide takes a proactive approach to the discovery of electronically stored information. Kelly Twigger, Owner of ESI Attorneys, together with authors Jay. E. Grenig, Professor of Law at Marquette University Law School, Browning E. Marean, Partner at DLA Piper, and Matthew J. Stippich General Counsel and President of Digital Intelligence, detail how proper planning in advance of possible discovery can greatly reduce the costs and burden of complying with discovery requests.
Kelly Twigger contributed to a greatly expanded and detailed discussion of Records and Information Management programs based on her work with clients, which provides an excellent framework for identifying and putting a structure around the needs of any organization in preparing for eDiscovery. The guide also recognizes that issues relating to the discovery of ESI arise in state and federal court, as well as in administrative proceedings. While specific references are made to the 2006 amendments to the Federal Rules of Civil Procedure, the discussion in this guide includes state and federal courts, and much more, including:
- A section on the role of eDiscovery counsel and the benefits of the new role in the trial team;
- How to choose eDiscovery vendors;
- A discussion of computer forensics and what counsel need to know for eDiscovery;
- The role of special masters in eDiscovery;
- How to achieve cost savings in eDiscovery; and
- New form agreements for use by outside counsel in eDiscovery
Revised and expanded from the first edition, the guide features more than fifty checklists and over one hundred electronic discovery forms. In addition the book includes the text (including Advisory Committee Notes) for the 2006 and 2007 amendments to the discovery rules of the Federal Rules of Civil Procedures. We also included the 2007 edition of the Sedona Principles Best Practices Recommended & Principles for Addressing Electronic Document Production, an examination of the proposed new Rule 502 of the Federal Rules of Evidence governing privilege waiver, and an essential glossary of electronic discovery terms. Available at the WESTLAW store.