Updated September, 2011
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HIGHLIGHTS
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New 3rd Edition of treatise
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New Meet and Confer Planning Guide
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New Information Technology Discovery Questions (47 pages)
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New revised Legal Hold Best Practices Guide
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New revised Electronic Discovery and Evidence Best Practices Guide
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New edition - Arkfeld on Electronic Discovery and Evidence (3rd ed.)
Law Partner Publishing and Lexis are pleased to provide you with Arkfeld on Electronic Discovery and Evidence (3rd ed.) Building on the well-organized and acclaimed second edition of this treatise, the third edition is revised, enhanced in both substance and format, and expanded to cover the latest issues affecting e-discovery. These include: search types, protocol, and certification of search methodology; “legal hold” detailed analysis regarding “triggering events”; FRE 502 section analyzing inadvertent disclosure, attorney-client privilege and work product and limitations on waiver; latest analysis on cost allocation, proportionality, and “not reasonably accessible” issues, as well as a host of other ediscovery issues. This expanded edition builds upon the sections providing detailed analysis of technology concepts, authoritative discussion of court rules related to electronic information, case summaries of both federal and state cases, and an extended library of forms, checklists, and practical pointers.
In addition to the significant enhancements to this edition is a new 47-page section entitled Information Technology Discovery Questions on the CD-ROM that is designed to use in preparation of a discovery plan, client questionnaire, adversary preservation questions, meet and confer conferences, depositions, interrogatories, and request to produce and inspect. It covers a range of IT areas including backups, custodians, key players, document retention policy, ESI types and storage media, devices and locations and much more. This is the first comprehensive guide compiling the many IT questions that must be addressed in any case.
New edition! - Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence (2011-2012 ed.)
The Electronic Discovery and Evidence Best Practice Guide has been revamped and updated to offer an overview and workbook for the myriad of legal and technology issues that need to be addressed whether you are requesting or producing “electronically stored information” (ESI). This workbook will provide a plan and pretrial steps in discovering and disclosing ESI. It sets forth the key legal and technology issues you will encounter as you discover or produce ESI, cross-referenced into the main treatise for an in depth look at the various issues.
Besides the substantial update, and based upon survey results, a 15-page “meet and confer” planning guide has been developed and included with the Guide. This planning guide provides the key topics and questions that a party must address with their client and adversary as they prepare for, and participate in, a pretrial conference involving “electronically stored information” (ESI).
This Guide contains the following chapters and appendices:
Chapter 1 — The Basics of Electronic Discovery
Chapter 2 — Electronic Discovery Plan
Chapter 3 — Requesting Electronic Information
Chapter 4 — Responding to an Electronic Discovery Request
Chapter 5 — Admission of Electronic Evidence
Appendix A — Amendments to the Federal Rules of Civil Procedure
Appendix B — “Meet and Confer” Planning Guide
New edition! Arkfeld’s Best Practices Guide for Legal Hold (2011-2012 ed.)
This completely revised publication provides strategic guidance, recommendations and practice forms for legal professionals, organizations, including corporate counsel, in preparing for and implementing a “legal hold.” This Guide provides an overview of the information technology infrastructure of an organization and covers the components of a legal hold 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. This publication, which is included on the CD-ROM, provides sample legal hold procedures and forms manual for an organization, preservation notice letters for your client and opposing counsel, and a new section on information technology discovery questions.
This Guide contains the following chapters and appendices:
Chapter 1 - Overview of Legal Hold and Electronic Discovery
Chapter 2 - Overview of Information Technology
Chapter 3 - Legal Hold Readiness Plan
Chapter 4 - Legal Hold (Court Directives, Duties and Tasks)
Appendix A — Organization Legal Hold Procedures and Forms Manual
Appendix B — Law Firm Legal Hold Procedures and Practice Forms
Appendix C — Information Technology Discovery Questions
Appendix D — Amended Federal Rules of Civil Procedure