eDiscovery - Page 13
FindLaw's Legal Technology Center's eDiscovery collection includes free articles on one of the biggest topics in legal technology. In 2005, the Federal Rules of Civil Procedure (FRCP) were amended to integrate electronic discovery into the litigation process. Understanding these complex rules may be crucial to the success of your legal matter.
Electronic Discovery
eDiscovery Articles
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If you know hard drives, tape back-up systems and electronic data exchange protocols from A to Z, you won't necessarily make a good electronic data discovery project manager. If you're a legal professional, intimately familiar with the laws and regulations governing a specific issue in a specific jurisdiction, you may not make a good EDD manager, either. In today's multimillion-dollar, multimillion-document lawsuits and regulatory inquiries, the ideal PMs are a new, absolutely unique breed. -
Guidance Software Inc., The World Leader in Digital Investigations(TM), today outlined the five most common pitfalls associated with outdated approaches to eDiscovery. eDiscovery is now a standard component of the civil litigation process, fostered by a growing awareness among counsel and the bench that much of the evidence is digital. Without the right technology in place, discovery can be an expensive and time consuming experience. -
While companies provide certain rights to information technology and other employees to access specified categories of data, they may not be aware that often those rights are exceeded. -
While sounding so deceptively simple, many chain of custody issues are actually quite challenging to legally uphold when it comes to electronic evidence. This is because, for purposes of authenticity, all potentially relevant electronic data must be accounted for from the discovery phase all the way though trial. At trial, it is crucial to physically document the chain of custody of all potentially relevant data to disprove any actual or possible tampering. -
By now, practically everyone even remotely involved in litigation in the United States knows that discovery of electronic information, E-Discovery, has become a very big deal, especially in light of related amendments to the Federal Rules of Civil Procedure enacted more than a year ago. -
With the recent explosion of the Web, it will not be surprising to see a significant increase in the number of lawsuits filed regarding Web site intellectual property rights. Part of the problem is the relative ease of illegally copying text, graphics, animation and sound from a Web site. The much harder task will be to catch, and then to successfully prosecute the culprits. -
Electronic discovery does not refer to a simple, cheap means of responding to requests for information and documents in litigation. It involves searching your company's computer network to locate and produce potentially large volumes of electronically stored items, e.g. emails, attachments, spreadsheets and drawings, and may include producing metadata (data hidden in documents regarding authors and times of document creation) and drafts of documents that have been "deleted" from computers. -
Written transcripts of audio evidence are an extremely helpful tool in defending litigation. Frequently, in both civil and criminal trials, recordings to be placed into evidence by the prosecution are submitted to the defense without the accompaniment of a transcript. This article will explain some of the dangers associated with using audio evidence without a transcript. -
Paper and webinar address the challenges of differing priorities and levels of understanding between the departments. -
A new ethics opinion from the American Bar Association has set standards for attorneys confronted with the dangerous and controversial issue of metadata included in electronic documents. According to the ABA, attorneys may search for and use information contained in metadata, even if the documents originated with opposing counsel.