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American Bar Association Young Lawyers Division - Volume 14, Number 7, May 2010: NEW! from the ABA YLD 100 Plus Pointers for the New Partner

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The Young Lawyer, Volume 14, Number 7, May 2010: NEW! from the ABA YLD 100 Plus Pointers for the New Partner

Tonya L. Johnson is a research specialist in the ABA Legal Technology Resource Center in Chicago and can be contacted at Tonya.Johnson@americanbar.org.

 

The Digital Edge

— E-Discovery: The Answers Are Out There

 

By Tonya L. Johnson

Despite the prevalence of e-discovery in today’s litigation, how much do you really know about it? What constitutes e-discovery? How is it collected? In what format is it produced in litigation? How are the practices and procedures of e-discovery changing? Find the answers to these questions and more through the professional and academic resources about e-discovery offered here. The answers are out there!

Articles
The Young Lawyer ( www.abanet.org/yld/tyl)

  1. “E-Discovery: A Survival Guide for New Lawyers” Part 1 and Part 2 (July 2008)
  2. “E-Discovery Tips” (April 2007)
  3. “Metadata: Are You in Danger of an Ethics Violation?” (June 2009)

The ABA Legal Technology Resource Center (LTRC) ( http://new.abanet.org/sitetation/Lists/Posts/Post.aspx?ID=512)

  1. “FYI: Electronic Discovery”
  2. “New from LTRC: Litigation Support Software Comparison Chart”
  3. “The (EDD) Matrix Uploaded”
  4. “Can You Peek? The Ethics of Mining Metadata”
  5. “Metadata Ethics Opinions around the U.S. Comparison Chart”

ABA Journal ( www.abajournal.com)

  1. “Judge’s Latest E-Discovery Ruling Is ‘Wake-up Call to Litigants’” (Feb. 2010)
  2. “Boom and Bust: E-Discovery Industry Seeing Slower Growth, More Mergers” (Aug. 2009)
  3. “Rockin’ Out the E-Law” (July 2008)

Academia

  1. “Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick,” Chapman University School of Law for Washington and Lee Law Review, Vol. 66, p. 673 (2009)

Blogs

  1. www.ediscoveryreadingroom.com—the basics of e-discovery by an international association of lawyers and e-discovery professionals
  2. www.ediscoveryjournal.com—information on e-discovery news, trends, and best practices
  3. www.ediscoverymap.com—A new blog by New York e-discovery attorney Monique Altheim
  4. www.e-discoveryteam.com—by Florida lawyer Ralph Losey; specifically addresses FRCP rules 16, 26, 34, and 37
  5. www.ediscoverylaw.com—by K&L Gates, LLP and the firm’s e-Discovery Analysis and Technology (e-DAT) Group. Includes e-discovery case summaries from state and federal courts and federal rules amendments; list of states that have enacted e-discovery rules; local forms and guidelines of U.S. district courts addressing e-discovery issues; and a link to “Managing Discovery of Electronic Information: A Pocket Guide for Judges” from The Federal Judicial Center.
  6. e-Lessons Learned ( www.ellblog.com)—an educational blog about e-discovery, technology, and human error
  7. Gabe’s Guide to the e-Discovery Universe ( www.gabesguide.com)—by e-discovery lawyer and legal consultant Gabe Acevedo
  8. www.infogovernance.blogspot.com—news, views, discussions, and data associated with the field of electronic discovery
  9. www.ridethelightning .senseient.com —an ongoing electronic evidence blog by lawyer Sharon D. Nelson
  10. Sound Evidence ( www.discoveryresources.org/technology-counsel/sound-evidence/)—the soapbox of Mary Mack, Corporate Technology Counsel, Fios, Inc.

Books (From the ABA Web Store)

  1. Electronic Evidence and Discovery: What Every Lawyer Should Know Now , Second Ed.
  2. Introduction to e-Discovery: New Cases, Ideas, and Techniques
  3. e-Discovery: Current Trends and Cases
  4. Foundations of Digital Evidence
  5. The Ethics of E-Discovery
  6. The Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil Procedure

Other e-discovery books

  1. 7 Steps for Legal Holds of ESI and Other Documents (ARMA International 2009)
  2. Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence
  3. A Process of Illumination: The Practical Guide to Electronic Discovery—free e-book by Mary Mack ( www.ediscoveryreadingroom.com/?p=89)

Other Resources

  • ABA TECHSHOW ( www.abanet.org/techshow)—an annual event that focuses on practical technology solutions for lawyers. Each year there are numerous workshops and CLEs that are conducted by national experts and dedicated to e-discovery and supporting technologies
  • The Sedona Conference® ( www.thesedonaconference.org)—
    “a research and educational institute dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation, and intellectual property rights” through conferences, mini-think tanks (Working Groups), and dialogue
  • Spotlight on Electronic Discovery: What Every Attorney Should Know (Audio CLE)
  • The ABA Legal Technology Survey Report: Litigation and Courtroom Technology (updated annually) ( www.abanet.org/tech/ltrc/survstat.html)
  • The Electronic Discovery Reference Model (EDRM) ( edrm.net)—from the EDRM Project and launched in 2005 to address the lack of standards and guidelines in the e-discovery arena. EDRM claims it “has helped e-discovery consumers and providers reduce the cost, time and manual work associated with e-discovery.”
  • The E-Discovery Application Matrix ( www.reason-ed.com/reason-ed/matrix/index.cfm)—“a noncommercial, independent site built to provide a fast and easy way to find software applications that contain specific e-discovery related features.”

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