Essential for anyone who works with technology in the field, E-DISCOVERY is a "hands-on, how-to" training guide that provides readers with comprehensive coverage of the technology used in e-discovery in civil and criminal cases. From discovery identification to collection, processing, review, production, and trial presentation, this practical text covers everything the reader needs to know about e-discovery, including the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Evidence. Throughout the text, the reader will have the opportunity to work with e-discovery tools such as Discovery Attender, computer forensics tools such as AccessData's Forensics ToolKit, as well as popular processing and review platforms such as iConect, Concordance, and iPro. An interactive courtroom tutorial and use of Trial Director are included to complete the litigation cycle. Multiple tools are discussed for each phase, giving the reader a good selection of potential resources for each task. Finally , real-life examples are woven throughout the text, revealing little talked-about potential pitfalls, as well as best practice and cost management suggestions.
Table of Contents
1. INTRODUCTION TO E-DISCOVERY AND DIGITAL EVIDENCE.
An Overview of E-Discovery? What is Digital Evidence? Factors Affecting Evidence Acquisition. Federal Rules in U.S. Courts. Rules and Policies Governing Digital Evidence.
2. A BRIEF HISTORY OF E-DISCOVERY.
When did E-Discovery Begin? Overview of Metadata in E-Discovery. E-Discovery Perspectives. How to Read a Case. Overview of the Electronic Discovery Reference Model. Introduction to the Case Study.
3. E-DISCOVERY PLANNING TOOLS.
Selecting the E-discovery Scope. Factors in Planning Discovery. Using Digital Forensics Tools for E-Discovery. E-Discovery and Trial.
4. EXPERTS: THE RIGHT PERSON FOR THE RIGHT JOB.
Managing E-discovery. Digital Forensics Consultants and Examiners. E-Discovery Consultants. Special masters and Forensics Mediators. Best Practices in Selecting an E-Discovery Team.
5. DIGITAL EVIDENCE CASE FLOW.
Preserving Digital Evidence. Processing Digital Evidence. Identifying and Reviewing Relevant data. The Production Phase. Arbitration and Mediation.
6. CASE STUDY – FROM BEGINNING TO TRIAL.
Early Case Evaluation. Starting Litigation. Plaintiff’s E-discovery Management. E-discovery Organization. Pretrial Motions. Trial Presentation.
7. INFORMATION GOVERNANCE AND LITIGATION PREPAREDNESS.
Examining Information Governance. Systems to Assist with Litigation Preparedness. Planning for Multiple Litigation. Speeding Up Searches.
8. RESEARCHING E_DISCOVERY CASE LAW.
Understanding the Legal Appeals Process. Using Legal Databases. Examining U.S. Case Law. International Law and Multijurisdictional Cases.
9. THE FUTURE OF E-DISCOVERY.
Privacy Revisited. The Effects of New Technology. Anti-forensics in E-discovery.
APPENDIX A: RESOURCES.