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Table Of Contents

SCENARIO: A High-Level Termination
Defining Electronic Discovery
Talk is Cheap…And is Now Required
Organizational Litigation Readiness
What’s Important for Individuals in Various Roles to Consider?
SCENARIO: Shredding electronic data
SCENARIO: Your company has made headline news (for the wrong reasons)
SCENARIO: Getting ready for common matters
SCENARIO: Get serious with IT
SCENARIO: Know what’s possible and keep tabs on outside counsel
SCENARIO: Cross-organizational team is not clicking
SCENARIO: Choose higher level partners
SCENARIO: Don’t automatically assume your firm should host the data
SCENARIO: Meet and Confer
SCENARIO: New technology purchase
SCENARIO: Mergers and acquisitions
SCENARIO: Luddite in a hurry
SCENARIO: In-house review
SCENARIO: Selective review at the client site
SCENARIO: Produce native files
You’ve received a production of electronic files
Can e-Discovery Ever Be Ignored?
The importance of collaboration and trust
Class Actions
Second Requests
Intellectual Property Disputes
Opportunities for Cost Shifting
Duty to Disclose; General Provisions Governing Discovery
Cost shifting and preservation
How to Position for Optimal Cost Shifting
SCENARIO: A missed opportunity for cost shifting
A Strategy for Maximizing Cost Shifting for Productions
FRCP Rule 26(b)(2)(C)
Trends Toward Cost Limitations
Evolution of evidence preservation
But I’m not a records management expert!
You don’t have to preserve everything
Risk Management: E-mail
Archiving is NOT the same as Disaster Recovery
International Collection
Common Data Collection Questions
Pitfalls with E-mail Culling
Duplicate Identification Methods
Safeguard the Data
Ways to Reduce Search and Review Time
Combine Electronic and Hard Copy
E-mail Chains
Concept Searching
Review Efficiency
Review for Privilege and Relevance
Proper Indexing Is Crucial
The Right Search Terms
Data File Extensions – There’s More Than Meets the Eye
Time Crunch
The Dark Side of Unprotected Desk-side Data Review
Track Changes in Office Documents, Is that a draft?
Gap-free Bates Production
Readability and Fonts
Multiple Production Options
Problems with Do-it-yourself Production
Producing the Right Documents
Native File Productions
The Sedona Principles for Electronic Document Production are as follows:
Safeguarding work product
Wiping your computer
Protecting your company
Form Preservation Letter to Opposing Counsel– “Meet & Confer”
Sample Form Legal Hold or Preservation Letter Letter to Employees
Older Form Preservation Letter to Opposing Counsel
Sample e-Discovery Interrogatories and Requests for Production
Sample Interrogatories and Requests for Production
I. Definitions
II. Spoliation: getting information on preservation of information
III. Indentifying & Authenticating the Evidence
IV. Information Technology Personnel
V. Loose Media (including Backup and Archive)
VI. Computer Hardware
VII. Computer Software
VIII. Operating Systems
IX. Telephony
X. Other Sources of Electronic Evidence
XI. Data Security Measures
XII. Network Questions
XIII. Electronic Mail (e-mail)
Personnel
System information
Network Information
E-mail Usage
Other Software Usage
Preservation of Evidence
Third-party Sources of Information
Storage
Records Management
Other Lawsuits
Retired Hardware
Encryption and Legacy Data
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Fios eBook a Process of Illumination

Fios eBook a Process of Illumination

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Published by Raghu Ram

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Published by: Raghu Ram on Jun 17, 2011
Copyright:Attribution Non-commercial

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11/05/2012

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