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

Learn more . . . 

Order now . . .

 
         

 

 		    

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

Publications

The set includes:

  • Arkfeld on Electronic Discovery and Evidence treatise (Print and CD-ROM) (updated bi-annually)
  • Best Practices Guides
    • Information Technology Primer (updated annually)
    • Electronic Discovery & Evidence (updated annually)
    •  ESI Pretrial Discovery—Strategy and Tactics (updated annually)
    • Litigation Readiness and Hold (updated annually)
  • Practice Forms and Checklists (CD-ROM) and other resources
  • CD-ROM - ebook - contains all of the above resources and full text of all cases.

Buy Now!                     Brochure

 

Arkfeld on Electronic Discovery and Evidence new 2nd edition provides detailed coverage on the latest case law, amended federal rules with case analysis, and procedural developments concerning electronic evidence. This edition covers all of the new cases and issues facing the issues of discovering, producing and admitting "electronically stored information" (ESI) in your cases. Besides the new extensive analysis of the amended federal rules, the new edition enlarges the discussion concerning search protocol and certification as well as the numerous federal directives requiring counsel to issue a "litigation hold" and proactively identify and preserve responsive ESI. Read more . . .

 

 

Information Technology Primer for Legal Professionals

This new publication provides a much needed primer for 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 ESI using computer technology.

CONTENTS INCLUDE:

• Overview of information technology 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

 

 

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. Read more . . .

 

 

 

 

 
 
Arkfeld’s Best Practices Guide for Litigation Readiness and Hold provides strategic guidance and recommendations to legal professionals in preparing for and implementing a ‘litigation hold.’ This Guide covers the components of a litigation readiness plan to ensure that your client can timely identify, preserve, collect, process and review electronic data for disclosure. Such a proactive approach will contribute to your success by properly identifying and preserving ESI once a triggering event occurs. In addition, an important section entitled Court Directives, Duties and Tasks, derived from case law, highlight the litigation hold obligations for disclosing parties. Read more . . .

 

 

 

 

Arkfeld’s Best Practices Guide for Electronic Discovery & Evidence provides a practical step-by-step guide on how to request or produce electronic data. It contains critical cross-references to the treatise where you can find more information on each topic. This 125 page guide also includes an Appendix containing the amended e-discovery federal rules. Read more . . .

 

 

 

 

 

Built on the Folio platform, the companion CD-ROM is fully searchable and easy to navigate. It contains the full text of the Treatise and the Best Practices Guides with hypertext links to the referenced case law and statutes materials cited by the author. The CD also includes checklists, practice forms, guidelines, and many other resources. All the materials, including cases, are contained on the CD-ROM itself – no need to go online! The user-friendly and intuitive interface allows you to take advantage of improved search technologies, as well as to print, copy and paste, and save material to your computer. Read more . . .

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