David R. Matthews
July 17, 2012
by Auerbach Publications
Reference - 400 Pages - 56 B/W Illustrations
ISBN 9781439877265 - CAT# K13576
Although we live in a world where we are surrounded in an ever-deepening fog of data, few understand how the data are created, where data are stored, or how to retrieve or destroy data. Accessible to readers at all levels of technical understanding, Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval covers all aspects of electronic data and how it should be managed.
Using easy-to-understand language, the book explains: exactly what electronic information is, the different ways it can be stored, why we need to manage it from a legal and organizational perspective, who is likely to control it, and how it can and should be acquired to meet legal and managerial goals. Its reader-friendly format means you can read it cover to cover or use it as a reference where you can go straight to the information you need.
Complete with links and references to additional information, technical software solutions, helpful forms, and time-saving guides, it provides you with the tools to manage the increasingly complex world of electronic information that permeates every part of our world.
What Is Electronic Information, and Why Should You Care?
Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure
Changes to the Federal Rules of Civil Procedure
Rule 16 (b)(5) and (6)—Pretrial Conferences; Scheduling Management
Rule 26— General Provisions Governing Discovery; Duty of Disclosure
Rule 37 Safe Harbor
Rule 34 (b) Producing Documents—Procedures
Rule 33 (d) Interrogatories to Parties
Rule 45 Subpoena
Federal Rules of Evidence
Case Law Examples
Bass v. Miss Porter’s School (D. Conn.10/27/09)—Defining Relevancy
Crispin v. Christian Audigier, Inc. (C.D. Cal. 2010)—Private Information
Romano v. Steelcase (N.Y. Sup. Ct. 2010)—Another Social Media Privacy Case
KCH Servs., Inc. v. Vanaire, Inc. (W. D. Ky. 7/22/09)—Trigger to Reasonably Expect Litigation
Olson v. Sax (E. D. Wis. 6/25/10)—Safe Harbor Rule
Spieker v. Quest Cherokee, LLC (D. Kan. 7/21/09)—It Is the Practice
Valeo Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich.6/17/09)—Production of Evidence as Requested in Meet and Confer
Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. 6/21/10)—Not Reasonably Accessible?
O’Neill v. the City of Shoreline (Wash. 9/27/10)—Metadata Are Data and Home Computers Are Evidence
Williams v. District of Columbia (D.D.C. 8/17/11)—When "Claw-Back" Rules Can Fail You
Pacific Coast Steel, Inc. v. Leany (D. Nev.9/30/11)—Losing Privilege
Kipperman v. Onex Corp. (N.D. GA. 5/27/10)—A Textbook Case
Pippins v. KPMG LLP (S.D.N.Y. 10/7/11)—How Much Data Do You Really Have to Keep
Chen v. Dougherty (W.D. WA. 7/7/09)—Attorney Gets a Slap for Incompetence
United Central Bank v. Kanan Fashions, Inc. (N.D. Ill. 9/21/11)—Spoliation Sanctions That Hurt the Party but Not Their Attorney
Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC (S.D.N.Y 1/15/10)
Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, 2011)—Employee’s E-mail Sent from Work Not Privileged
Lester v. Allied Concrete Company (Circuit Court VA, September, 2011)—Original Award Reduced Due to Withholding of Facebook Evidence
The Rulings of Judge Scheindlin—Zubulake, Pension, and National Day Labor
Other Federal Rules That Affect Electronic Data
The Problems with ESI as Discoverable Evidence
Why and How This Affects the Practice of Law
How This Affects Business Organizations
Effects on Government Entities
What This Might Mean to You as an Individual
Translating Geek: Information Technology versus Everyone Else
Where is Electronically Stored Information? It’s Everywhere!
Who’s in Charge Here? Allies, Owners, and Stakeholders
The Hunt: Recovery and Acquisition
Keeping Your Treasures: Preservation and Management
Appendix A: Links and References for More Information
Appendix B: Forms and Guides
Matthews has approached eDiscovery from a fresh, new perspective—one that is understandable to the layperson as well as technologist. … A must read for anyone in the information technology and legal professions … . The flow of the book from the first chapter to the last is clear, simple, and thorough … should be required reading for anyone in a computer science, information technology, or law-related program, and is now part of the Digital Forensics and the Law course I instruct. If you want to get up to speed on eDiscovery and actually understand what you read, you’ll buy this book.
—Steve Hailey, President/CEO, CyberSecurity Institute, Digital Forensic Examiner and Educator