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e-Discovery Law & Strategy

Volume 4 - Number 6 | October 2007

October 2007 Issue in PDF Format


Note to Subscribers
Dear Subscribers: It is with great regret that we must tell you that this, the October 2007 Issue, will be the last for e-Discovery Law & Strategy. We appreciate your support and praise for our newsletter, and hope that we in ALM can serve you with another newsletter in the future (go to the LJN Home Page at www.ljnonline.com to see a full rundown on our remaining 22 titles). …

Avoiding Common Collection Blunders
By Karl Flusche
Electronic discovery is filled with pitfalls and mistakes that can be avoided with proper planning and preparation. One area that can have the greatest impact on the defensibility and the cost of e-discovery is evidence collection. The effective execution of this phase will go the farthest in improving overall e-discovery success while lowering associated risks. In other words, if data is harvested and restored in a legally defensible, forensically sound manner, then the overall project will have a much better chance of achieving a favorable or expected outcome. Following are some common mistakes often encountered in e-discovery — and some advice on how to avoid them.

Litigation Data Analysis Strategies For Legal Teams
By Christy Burke
The need for lawyers to leverage technical knowledge to prepare a case for the courtroom is escalating rapidly. But attorneys should take note that e-discovery requiring knowledge of ESI and access to experts to help litigation teams isn’t confined to the Fortune 500.

Analyzing Instant Messaging As Evidence
By Ken Strutin
Instant messaging is an increasingly popular medium that is sometimes an important link in the prosecution’s case. As with every new communication tool, it brings new challenges for criminal procedure. This multi-layered technology provides the convenience of e-mail coupled with the immediacy of a phone call. At the same time, its informality allows anonymity and raises concerns about privacy, authentication, best evidence and identification.

e-Discovery Docket Sheet
Recent court rulings in e-discovery.

Computer Forensics Docket Sheet
Court Reverses Conviction Where Defendant Was Unaware Of Computer Cache Files