spoliation of electronic documents

 


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An attorney asks about spoliation of electronic documents....

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An attorney asks about privileged emails....

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An attorney asks about requesting electronic files from the other side....

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An attorney asks about searching e-docs produced by the other side....

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An attorney asks about trial preparation....

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An attorney asks about finding electronic documents....

 

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The Most Popular Articles of 2003


A recap of the Most Popular Articles written for busy Litigation Professionals this year...

Welcome to the 20th issue of our monthly newsletter. Our initial goal for this newsletter was to provide USEFUL information to Legal Professionals. We hope that we have been true to this goal.

We have compiled the most read articles for the last 12 months in this annual recap. If you have feedback for us, please reply to this email. Happy Holidays to you and your loved ones!

An attorney asks about spoliation of electronic documents....

Q. I've heard the terms REFORMATTING, DEFRAGMENTING, & SHREDDING used in connection with spoliation of electronic evidence...WHAT'S THE DIFFERENCE?

A. Attorneys and judges are quickly realizing the importance of understanding basic technological terms and processes. Recognizing the differences between reformatting, defragmenting, and shredding/wiping a hard drive and what information is recoverable after one of these processes is run is essential to the practice of law. It may be important to note that in some cases, even if data is rendered unrecoverable the fact that this technology was used at some point in time may provide evidence of spoliation.

Click here for an explanation of the differences...



An attorney asks about privileged emails....

Q. My client has to produce a significant number of email files and other electronic documents. I have to review them for privilege. I'm under time and fee constraints. I've already identified several privileged emails. I'm sure that copies of these emails are sprinkled throughout the population. What can I do to ensure that all instances of the privileged emails are pulled quickly and inexpensively prior to production?

A. There is good news for the attorney who has NOT yet printed those email files on paper. There are tools that can be used to quickly and inexpensively find those privileged documents amongst gigabytes of other data.

Click here to see what the choices are...



An attorney asks about requesting electronic files from the other side....

Q. When it comes to requesting electronic files from the other side, what choices do I have?

A. Increasingly, trial counsel will find that she or he will be compelled to choose between the roles of "Homesteader" or "Gunslinger" in the effort to maximize the collection of discoverable electronic evidence. An enlightening article written by Robert Alan Eisenberg clearly explains these choices. Mr. Eisenberg has over 25 years experience in the practice of law and the rendering of consultative services relating to electronic discovery and computer forensics.

Click here to see what choices you have...



An attorney asks about searching e-docs produced by the other side....

Q. In my requests for production, I've asked the other side to produce all their electronic documents. I expected them to print the stuff out. Instead, they've sent me CDs full of data. HELP! What do I do now?

A. There are a variety of tools that you can use to mine the data that you've been given. In fact, you may already own software which can delve into the zeros and ones of electronic discovery. Programs like Summation and Concordance have the ability to handle "e-docs" already built in. There are other options, too!

Click here to see what options you have to search e-docs...



An attorney asks about trial preparation....

Q. I have a billing issue. I need to prepare for a mediation and ultimately a trial. I have several video depositions which are damaging to the other side. I would like to be able to QUICKLY make video clips MYSELF for use in PowerPoint. I need a solution with a very short learning curve since I cannot bill for time spent learning new software programs. Do you have any suggestions?

A. We understand that time spent learning a new software program cannot usually be billed. Now editing video is as Easy as Highlighting Text. YesEdit is designed to be a powerful, yet simple, way to help find key video clips and export them for later use. Now you can bill your clients for making video clips instead of passing on the videographer's invoice! Furthermore, the software is FREE and is compatible with PowerPoint, Summation 2.5, Sanction II, and Trial Director!

Click here to see how you can start billing more of your time!



An attorney asks about finding electronic documents....

"I'm preparing for the depositions of key Technology Staff from the other side. I know they have electronic documents...

...How can I find out what electronic files they have, and where they store them? I'm not very technical. I need help making sure that I am prepared, and that I ask the right questions."

Click here for sample FRCP 30(b)(6) Deposition Questions...

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This document is not intended to provide legal or other professional advice and should not be relied upon as anything other than a starting point for research and information on the subjects of litigation support, electronic discovery and computer forensics. Copyright © 2003 Litigation Solution, Inc. If you have a question regarding automated litigation support, send it in. We'll get you the answer you need as soon as we can. We'd love to hear from you. Let us know what you like or don't like about our newsletter. We're trying to provide current, relevant content. Please send us suggestions for future articles you'd like to see. · All Rights Reserved