Publications

 		    

Electronic Discovery and Evidence

The acclaimed Arkfeld on Electronic Discovery and Evidence treatise and accompanying Best Practices Guides are available to assist with your ediscovery needs. The list of publications includes:

Arkfeld on Electronic Discovery and Evidence (2nd ed.) treatise. 
Best Practice Guides:
 - Information Technology Primer for Lawyers 
 - Litigation Readiness and Hold
 - ESI Pretrial Discovery - Strategy and Tactics. 
 - Electronic Discovery and Evidence                                                                       Companion CD-ROM - contains all publications, full text of cases and hyperlinked for your convenience.

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 Arkfeld on Electronic Discovery and Evidence

Arkfeld on Electronic Discovery and Evidence is a comprehensive treatise that addresses all the key aspects of the discovery and admission of electronic evidence, within the context of relevant statutes, regulations, and federal and state case law. Authored by Michael R. Arkfeld, Esq., a leading attorney and speaker, the Second Edition is completely revised, enhanced both in substance and format. The up-to-date 1300 page treatise contains 8 chapters as well as four companion Best Practices Guides, which are cross-referenced to the treatise, and a fully–searchable CD-ROM. It provides fingertip access to sample discovery forms, letters, and court orders, and includes dozens of practice tips and pointers. This publication is updated bi-annually.

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 Information Technology Primer for Legal Professionals
REVISED OCTOBER, 2009. This guide provides a much needed primer in understanding the “information technology infrastructure” of organizations.  Understanding the infrastructure and technology concepts will enable legal professionals to apply e-discovery legal mandates in order to request and produce “electronically stored information” (ESI). The primer includes important sections in identifying, locating and managing “electronically stored information” (ESI) using computer technology.

Contents include:

 - Overview of IT in organizations and the electronic discovery process.
 - Characteristics and "form or forms" of ESI
 - IT infrastructure of a company's IT people, hardware, software and networks.
 - ESI types, file systems and structure of data.
 - Sources, storage, locations, metadata and concealment of ESI
 - Computer technology available to search, identify, review and produce ESI.

  
         

 


 		    

Litigation Readiness and Hold

REVISED OCTOBER 2009. This completely revised publication provides strategic guidance, recommendations and practice forms for legal professionals, including corporate counsel, in preparing for and implementing a “legal hold.” This Guide covers the components of a litigation readiness plan to ensure that your client can identify, preserve, collect, process, and review electronic data for disclosure in a timely manner. Such a proactive approach will contribute to your success by properly identifying and preserving ESI once a triggering event occurs.
 
  
         

 

 

 		    
ESI Pretrial Discovery -- Strategy and Tactics
 
NEWLY REVISED MARCH, 2010! This Best Practices Guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. These include scope of discovery, preservation obligation, controlling costs, search methodology, form of production, accessibility of ESI and cost allocation, and much more. Whether it is a “meet and confer” or request for production, these are the sixteen critical issues to focus on in requesting or producing ESI.

CONTENTS INCLUDE:
• The Basics of Electronic Discovery
• Preparing an Overall Plan and Strategy
• ESI Issues and Strategy - Sixteen Crtitcal Issues
• Litigation Stages and Procedural Discovery Rules

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Electronic Discovery and Evidence

REVISED OCTOBER, 2009. This Best Practices Guide provides a practical step-by-step guide covering the legal and technology issues involved in requesting or producing electronic data. It contains critical cross-references to the treatise where you can find more information on each topic.

CONTENTS INCLUDE:
• The Basics of Electronic Discovery
• Is it Necessary to Have a Discovery Plan?
• Steps to Requesting Electronic Information
• Steps to Responding to an Electronic Discovery Request
• Admission of Electronic Evidence
• Amended Federal Rules of Civil Procedure
& Committee Notes

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  • Pubs.

  • Treatise

  • IT Primer

  • Lit. Hold

  • ESI Strategies

  • EDE Guide

Best Practices Guide - ESI Pretrial Discovery

 

REVISED April, 2010! Arkfeld’s Best Practices Guide for ESI Pretrial Discovery—Strategy and Tactics contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. These include scope of discovery, preservation obligation, controlling costs, search methodology, form of production, accessibility of ESI and cost allocation and much more. Whether it is a “meet and confer” or request for production these are the critical issues to focus on in requesting or producing ESI. It provides you with a valuable strategy and checklist for, and guidance on, the legal and technology issues affecting your pretrial e-discovery decisions.

 

 

 

 Contents include:
  • The Basics of Electronic Discovery
  • Preparing an Overall Plan and Strategy
  • ESI Issues and Strategy
  • Litigation Stages and Procedural Discovery Rules
  • Amended Federal Rules of Civil Procedure & Committee Notes

ESI Issues and Strategy

§3.1 - Nature of Claims and Defenses
§ 3.2 - Scope of Discovery
§ 3.3 - Terminology and Classification of ESI
§ 3.4 - ESI Discovery, Type and Storage
§ 3.5 - Preservation Obligation and Litigation Hold
§ 3.6 - Controlling Costs
§ 3.7 - Search Methodology and Protocol
§ 3.8 - Inspection of Computer System and Deleted ESI
§ 3.9 - Chain of Custody and Evidentiary Issues
§ 3.10 - Rule 34 and Form of Production
§ 3.11 - Work-product, Privileged ESI, Nonwaiver Agreement and Retrieval Procedure
§ 3.12 - Accessibility of ESI and Cost Allocation
§ 3.13 - Burdensome, Relevancy and Overbroad
§ 3.14 - Protective Orders - Rule 26(c)
§ 3.15 - Certification of Production Efforts and Search Methodology and Protocol
§ 3.16 - Spoliation and Sanctions
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BROCHURE

Discounts are available on multiple copy purchases for your law firm, government agency, or other legal organization. For more information, call 1-800-533-1637.

 

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