The use of e-mail and electronically stored information (ESI) have fundamentally changed the discovery process and the judicial standards for what is a "normal" discovery request. E-discovery has also led to new strategies and tactics that can mean the difference between avoiding sanctions and winning a case.  Arkfeld on Electronic Discovery and Evidence treatise written by Michael R. Arkfeld is a comprehensive and much needed treatment of this vital and evolving area.  Learn more . . .

Arkfeld's Best Practice Series

Best Practices Guide for ESI Pretrial Discovery - Strategy and Tactics (2008-2009)

As a bonus, this Guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. Whether it is a "meet and confer" or request for production these are the critical issues to focus 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.  The Guide is cross-referenced and hyperlinked with the Arkfeld on Electronic Discovery and Evidence treatise and part of the CD-ROM.   The 16 issues are:

§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

As a bonus, the treatise is accompanied with a copy of the 2007-2008 Best Practices Guide, which provides a practical step-by-step guide on how to request or produce electronic data with critical cross-references to the treatise, Electronic Discovery and Evidence.  It provides a practical and succinct checklist for the legal and technology issues affecting your e-discovery decisions.

Chapter headings:

• The Basics of Electronic Discovery

• Is it necessary to have a Discovery Plan?

• Requesting Electronic Information

• Responding to an Electronic Discovery Request

• Admission of Electronic Evidence

• Amended Federal Rules of Civil Procedure & Committee Notes

As a bonus, the treatise, Best Practices Guide  and forms and checklists are contained on a COMPANION CD-ROM.  The fully searchable CD-ROM contains the full text of the authored discussion with hypertext links to full text of case law, statutes and regulations cited by the author. 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.