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Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.
The ultimate guide to electronic records management, featuring a collaboration of expert practitioners including over 400 cited references documenting today's global trends, standards, and best practices Nearly all business records created today are electronic, and are increasing in number at breathtaking rates, yet most organizations do not have the policies and technologies in place to effectively organize, search, protect, preserve, and produce these records. Authored by an internationally recognized expert on e-records in collaboration with leading subject matter experts worldwide, this authoritative text addresses the widest range of in-depth e-records topics available in a single volume. Using guidance from information governance (IG) principles, the book covers methods and best practices for everything from new e-records inventorying techniques and retention schedule development, to taxonomy design, business process improvement, managing vital records, and long term digital preservation. It goes further to include international standards and metadata considerations and then on to proven project planning, system procurement, and implementation methodologies. Managing Electronic Records is filled with current, critical information on e-records management methods, emerging best practices, and key technologies. Thoroughly introduces the fundamentals of electronic records management Explains the use of ARMA's Generally Accepted Recordkeeping Principles (GARP®) Distills e-records best practices for email, social media, and cloud computing Reveals the latest techniques for e-records inventorying and retention scheduling Covers MS SharePoint governance planning for e-records including policy guidelines Demonstrates how to optimally apply business process improvement techniques Makes clear how to implement e-document security strategies and technologies Fully presents and discusses long term digital preservation strategies and standards Managing e-records is a critical area, especially for those organizations faced with increasing regulatory compliance requirements, greater litigation demands, and tightened internal governance. Timely and relevant, Managing Electronic Records reveals step-by-step guidance for organizing, managing, protecting, and preserving electronic records.
Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you're looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Third Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third Edition offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts. Note: Online subscriptions are for three-month periods. Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600
"Discovery is a central element of civil litigation--it is a mechanism in civil litigation to prepare both parties to a lawsuit to know the case that they have to meet so they can prepare for trial or resolve their disputes by settlement. The book covers the principles of and approaches to discovery, and gives practical advice on the techniques and tactics to be deployed, and ethical issues. As well, the book serves as a "how-to" quick manual on conducting discovery in all common law jurisdictions in Canada (i.e., all provinces except Quebec) and explains and updates the discussion in light of current e-discovery practices."--
"This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative costs of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained"--P. [4] of cover.
E-discovery has shaken up litigation across America. The case law is developing in a number of areas and conflicting decisions are not unusual. This concise book examines recurring issues in the area of e-discovery in an accessible question and answer format. It offers insight into the thorny issues and references specific cases to make your research quicker and easier. It provides much-needed clarity on the issues that you see in e-discovery.
Proven and emerging strategies for addressing document and records management risk within the framework of information governance principles and best practices Information Governance (IG) is a rapidly emerging "super discipline" and is now being applied to electronic document and records management, email, social media, cloud computing, mobile computing, and, in fact, the management and output of information organization-wide. IG leverages information technologies to enforce policies, procedures and controls to manage information risk in compliance with legal and litigation demands, external regulatory requirements, and internal governance objectives. Information Governance: Concepts, Strategies, and Best Practices reveals how, and why, to utilize IG and leverage information technologies to control, monitor, and enforce information access and security policies. Written by one of the most recognized and published experts on information governance, including specialization in e-document security and electronic records management Provides big picture guidance on the imperative for information governance and best practice guidance on electronic document and records management Crucial advice and insights for compliance and risk managers, operations managers, corporate counsel, corporate records managers, legal administrators, information technology managers, archivists, knowledge managers, and information governance professionals IG sets the policies that control and manage the use of organizational information, including social media, mobile computing, cloud computing, email, instant messaging, and the use of e-documents and records. This extends to e-discovery planning and preparation. Information Governance: Concepts, Strategies, and Best Practices provides step-by-step guidance for developing information governance strategies and practices to manage risk in the use of electronic business documents and records.
Digital forensics has been a discipline of Information Security for decades now. Its principles, methodologies, and techniques have remained consistent despite the evolution of technology, and, ultimately, it and can be applied to any form of digital data. However, within a corporate environment, digital forensic professionals are particularly challenged. They must maintain the legal admissibility and forensic viability of digital evidence in support of a broad range of different business functions that include incident response, electronic discovery (ediscovery), and ensuring the controls and accountability of such information across networks. Digital Forensics and Investigations: People, Process, and Technologies to Defend the Enterprise provides the methodologies and strategies necessary for these key business functions to seamlessly integrate digital forensic capabilities to guarantee the admissibility and integrity of digital evidence. In many books, the focus on digital evidence is primarily in the technical, software, and investigative elements, of which there are numerous publications. What tends to get overlooked are the people and process elements within the organization. Taking a step back, the book outlines the importance of integrating and accounting for the people, process, and technology components of digital forensics. In essence, to establish a holistic paradigm—and best-practice procedure and policy approach—to defending the enterprise. This book serves as a roadmap for professionals to successfully integrate an organization’s people, process, and technology with other key business functions in an enterprise’s digital forensic capabilities.