"Discovery is a central element of civil litigation--it is a mechanism in civil litigation to prepare both parties to a lawsuit to know the case that they have to meet so they can prepare for trial or resolve their disputes by settlement. The book covers the principles of and approaches to discovery, and gives practical advice on the techniques and tactics to be deployed, and ethical issues. As well, the book serves as a "how-to" quick manual on conducting discovery in all common law jurisdictions in Canada (i.e., all provinces except Quebec) and explains and updates the discussion in light of current e-discovery practices."--

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

Key takeaways: *Learn new e-discovery techniques and stay competitive.*Offer clients and customers real service in tackling difficult problems.*Cut-through the overwhelming amount of data.*Give regulators and judicial decision-makers exactly what they want.The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts.Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations.Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice.Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis.A must-have addition to the seasoned practitioner's library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you're looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Third Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third Edition offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts. Note: Online subscriptions are for three-month periods. Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600

The ultimate guide to electronic records management, featuring a collaboration of expert practitioners including over 400 cited references documenting today's global trends, standards, and best practices Nearly all business records created today are electronic, and are increasing in number at breathtaking rates, yet most organizations do not have the policies and technologies in place to effectively organize, search, protect, preserve, and produce these records. Authored by an internationally recognized expert on e-records in collaboration with leading subject matter experts worldwide, this authoritative text addresses the widest range of in-depth e-records topics available in a single volume. Using guidance from information governance (IG) principles, the book covers methods and best practices for everything from new e-records inventorying techniques and retention schedule development, to taxonomy design, business process improvement, managing vital records, and long term digital preservation. It goes further to include international standards and metadata considerations and then on to proven project planning, system procurement, and implementation methodologies. Managing Electronic Records is filled with current, critical information on e-records management methods, emerging best practices, and key technologies. Thoroughly introduces the fundamentals of electronic records management Explains the use of ARMA's Generally Accepted Recordkeeping Principles (GARP®) Distills e-records best practices for email, social media, and cloud computing Reveals the latest techniques for e-records inventorying and retention scheduling Covers MS SharePoint governance planning for e-records including policy guidelines Demonstrates how to optimally apply business process improvement techniques Makes clear how to implement e-document security strategies and technologies Fully presents and discusses long term digital preservation strategies and standards Managing e-records is a critical area, especially for those organizations faced with increasing regulatory compliance requirements, greater litigation demands, and tightened internal governance. Timely and relevant, Managing Electronic Records reveals step-by-step guidance for organizing, managing, protecting, and preserving electronic records.