Alextronic Discovery
Alextronic Discovery
An Electronic Discovery Blog covering News, Articles
and Thoughts for the Legal and Corporate Community Author: Alexander H. Lubarsky, LL.M., Esq. - alubarsky@enterusa.com - Tel. (415) 533-4166 OR 800-375-4222 THIS BLAWG IS NOT AFFILIATED WITH THE WEB SITES WWW.DISCOVERYRESOURCES.ORG OR WWW.DISCOVERYRESOURCES.COM


Friday, April 30, 2004

A Call for Comments  

A Call for Comments

Blawgerheads....

Alextronic has been asked by more than one person to do a text book on EDD... This is an outline that I have come up with and would like to see if the flow makes sense you y'all. I'd welcome any comments in the comment button or privately to Alex at alubarsky@fiosinc.com


Chapter 1 – The Electronic Evidence Explosion
The Pervasiveness of Electronic Evidence Today
The Benefits of Electronic Evidence
A brief history of litigation support
The Emergence of EDD
What is Metadata?
Evidentiary Requirements in Federal/State Courts
Ethical Obligations
The Benefits of Electronic Evidence Recap

Chapter 2 - Creation and Storage of Electronic Information
Creating Electronic Information
Storage
Harvesting
Safeguards While Harvesting


Chapter 3 – Common Types of Discoverable Electronic Data
Data Types
E-Mail Formats
Handling E-Mail Attachments
Electronic Messaging and Internet
Spreadsheets,
Word Processing and Text Documents
Digital Fax
Presentation Software·
Digital VoiceMail

Chapter 4 - Collecting, Processing and Searching Electronic Information
Value of Collecting
Collecting and Producing
Extraction and Conversion
Production or Output Format
Searching, Filtering and Deduplication
Categorizing and Reviewing
Types of Discovery Software

Chapter 5 – Review Platforms
What is a Litigation Support Database?
How does EDD Integrate with Standard Evidence Output?
Access Models (Local, On-Line, Networked)
Product Leaders
Boolean Logic
Concept Based Querying
Briefcasing and Portability
Integration with Other Applications
Suggested Workflow
Time Lines
Trial Presentation Tools

Chapter 6 – Sleuths and Refs
Computer Forensics
Court Appointed Discovery Referees
EDD Processing Service Bureaus
What to Look For When Selecting an EDD Vendor

Chapter 7 – Civil Procedure Before Trial
Anatomy of a Lawsuit
Bracing for Trial
Litigation Readiness Strategies
Duty to Preserve (Preservation Letter)
Retention Policy
Sanctions/Negative Inferences
Requesting Evidence
PreTrial Motions


Chapter 8 – Black Letter Law
Federal Rules of Civil Procedure
Federal Rules of Evidence
State Statutues
New Legislation

Chapter 9 – CaseLaw
Stare Decisis
Top Ten Cases Affecting EDD
How to Validate EDD Caselaw
How to Keep Current with EDD Caselaw

Chapter 10 - Admissibility of Electronic Evidence
Judicial Notice
Admissibility Requirements
Relevance
Authenticity
Best Evidence Rule
Hearsay and its Exceptions
Using Experts
Trial Technology

Chapter 11 – What will Tomorrow Bring?

Discoverability of New Communication Mediums
Advanced Querying and Culling

Chapter 12 - Top Ten Lists

Glossary

posted by Alexander | 8:49 PM

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