The discovery revolution
Subtitle: e-discovery amendments to the Federal rules of civil procedure
By: George Paul, Bruce Nearon.
Contributors: Nearon, Bruce.
Publisher: American Bar Association
Published: 2005
Place of publication: Chicago, IL
Language: eng
Number of pages: 214
Subjects: United States. Supreme Court; Electronic discovery (Law) -- United States
Notes: Includes index.
Table of contents: title: The revolution in discovery; title: The rise and consequent miniaturization of the computer; title: The connectivity revolution; title: The new digital realm of information; title: The new information complex; title: The impact on the practice of law; title: The response of the rule makers; title: Meet the new rules; title: The new concept of electronically stored information and recognition that information exists within enveloping systems; title: The form of information is dynamic; title: Conforming amendment to rule 33(d); title: Early attention to e-discovery matters, disclosures; title: The new concept of accessibility; title: The new retrieval procedure; title: The safe harbor; title: Changes to rule 45; title: Brief background on the rule amendment process; title: The process for amending the rules; title: The standing committee and the judicial conference; title: The Supreme Court and congressional review; title: Where we are now in the process; title: Preservation of evidence and sanctions for spoliation; title: Public commentary on publication draft; title: Legal background on the duty to preserve evidence; title: The reasonableness standard; title: Tailoring by means of rule 26; title: E-mail; title: Backup tapes; title: Metadata; title: Parties must take affirmative steps to preserve electronic evidence; title: Stipulated agreements and preservation letters; title: Preservation orders; title: Litigation holds; title: Technical issues concerning preservation; title: Sanctions for spoliation; title: The Coleman-Morgan Stanley saga; title: Caution to practitioners : the moral of Morgan Stanley; title: The new meaning of the rule 26(f) conference; title: Public comments about early discussion of issues; title: Suggestion of technical experts presence; title: New rule 26(f) and note after public comment; title: Changes made after publication and comment; title: Advocates must explore the relevant information systems; title: The wisdom of prompt action; title: How to cure nervousness about preservation orders; title: Practical obstacles to gathering systems information; title: The possibility of proprietary IT architecture; title: Beware, lack of information will foster motion practice; title: The desirability of an early privilege waiver agreement; title: What to ask for the network architecture and the people running IT; title: The IT people; title: Network diagram; title: Server/router list; title: Workstation and laptop list; title: ASPs; title: Other relevant information to ask for; title: Anticipating a not reasonably accessible response; title: Why ask for network diagram, server list, workstation and laptop list, and ASPs?; title: The difficulty of gathering evidence in a distributed system; title: Issues regarding form of production; title: Public commentary applauding discussion of form of production; title: Negative comments about native format; title: New rule 34(b) and advisory committee note; title: The concept of direct access or entering a computer system; title: Case study about form of production; title: Native files and the existence of metadata; title: The concept of differing views of file information; title: Authenticity issues and the importance of metadata; title: Considerations on choice of forms of production and processing native files to achieve different forms; title: Collection and forensics; title: The world of processing; title: Choices about form of production; title: Native file linking in electronic discovery databases; title: Image linking in electronic discovery databases; title: How to produce the information; title: The thorny issue of accessibility; title: Support for the two-tier system in commentary; title: Opposition to the two-tier system in commentary; title: New discovery rubric deemed unnecessary and redundant; title: Objections to lack of particularity requirement; title: Predictions of an explosion in motion practice; title: General confusion about meaning of the term reasonably accessible; title: Comments on the identification requirement; title: Cost shifting and sharing; title: Proposed rule 26(b)(2) after revisions; title: The committee's revisions in light of the substantial public comment; title: Balancing test for cost shifting for discovery of inaccessible information; title: The notion of sampling to test the assertion of inaccessibility; title: More detail and particularity on the identification requirement; title: Evaluating claims of not reasonably accessible; title: Factors for consideration in the accessibility analysis; title: Evolving case law on cost shifting and regulations regarding accessibility; title: The danger of generalizing determining reasonably accessible vs. not reasonably accessible based on media regulatory requirements/industry standards; title: Auditors mandated retention of records; title: Have the rules changed on forensic examination of hard drives?; title: The new retrieval procedure; title: Public commentary; title: The support and opposition of a certification requirement; title: The reasonable time issue for notice; title: New rule 26(b)(5)(b) after public comment; title: Changes to the rule after public comment; title: Ability to custom tailor agreements under rules 26(f)(4) and 16(b)(6); title: Expansion to trial-preparation materials; title: Reasonable steps to retrieve disseminated information; title: Reasonable time requirement disappears; title: The difficulty of sequestration and retrieval in the new information paradigm; title: The new safe harbor provision; title: Public commentary about the proposed safe harbor; title: Absence of evidence of a sanctions problem; title: onslaught of preservation orders?; title: The state of mind issue; title: Changes to the rule after public comment.