| Preface | p. vii |
| Introduction to e-Discovery | p. 1 |
| Overview of the Problems Posed by e-Discovery and the Team-Based Solution | p. 1 |
| Intellectual Foundation of Electronic Discovery | p. 14 |
| Top Trends in e-Discovery Noted at ILTA Conference | p. 17 |
| U.S. Supreme Court Justice Speaks Out on e-Discovery | p. 29 |
| Top Ten Reasons e-Discovery Is a Major Headache for Most Companies and Lawyers | p. 32 |
| National e-Discovery Counsel and the 98% Rule | p. 36 |
| The Admissibility of Electronic Evidence | p. 37 |
| Second Edition of The Sedona Principles and the Need for Proportionality | p. 39 |
| The Sedona Conference Releases Two New Must-Read Commentaries on "Email Management" and "Legal Holds" | p. 44 |
| Information Explosion and the Future of Litigation | p. 50 |
| New Ethical Standards for e-Discovery | p. 55 |
| Zubulake Duty | p. 55 |
| Litigation Hold Is Not Enough: Sanctions Imposed Under Rule 26(g) for Negligent Collection and Preservation | p. 65 |
| Sanctions for e-Discovery Abuses-Is the Attorney to Blame? | p. 69 |
| ABA First Annual National Institute on E-Discovery | p. 70 |
| New York Judge's Top Ten Tips | p. 72 |
| The New Rules for e-Discovery | p. 77 |
| Introduction to the New Rules | p. 77 |
| December 1, 2006: New Rules Went Into Effect | p. 78 |
| When Do the New Rules Apply? | p. 78 |
| Survey Shows IT Not Ready for New Rules | p. 79 |
| Practice Under the New Rules: an e-Discovery CLE | p. 80 |
| Revolutionary Effect of Revised Rules 16(b) and 26(f)? | p. 82 |
| Do the New Rules Discourage IT Improvements? | p. 84 |
| Employer Allowed to Mirror Employees' Home Computers and Obtain Inaccessible ESI | p. 91 |
Rule
37. and the Supreme Court on Document Destruction | p. 94 |
| Rule 37(f) Safe Harbor Requires Routines That Most Companies Lack | p. 98 |
| Judge Shira A. Scheindlin Video on the New Rules Is Now Online | p. 101 |
| Model Electronic Discovery Order under the New Rules | p. 104 |
| Uniform Law Commission Approves Model e-Discovery Rules | p. 106 |
| ABA Civil Discovery Standards on e-Discovery and Technology | p. 111 |
| Spoliation and Sanctions | p. 113 |
| Heavy Sanctions Loom Against Attorneys for e-Discovery and Other "Aggravated Litigation Abuses" | p. 113 |
| GhostSurf Wipeout Leads to Jail Order Sanction in Bankruptcy Court | p. 116 |
| IT Tech's Fast-Talk Had Zero Persuasive Value with Judge | p. 124 |
| Judge Trash-Talks the Government for Its Discovery Abuses | p. 129 |
| Should a Litigation Hold Include Backup Tapes? | p. 133 |
| E-Mail Woes Hit Morgan Stanley Again | p. 137 |
| Morgan Stanley Wins Two | p. 139 |
| Scorched-Earth Litigation Tactics | p. 142 |
| Court Disapproves Defendant's "Hide the Ball" Discovery Gamesmanship | p. 144 |
| No Spoliation Sanctions for "Missing" Porn on Police Computers | p. 146 |
| Adverse Inference Entered Against Plaintiff Employee | p. 150 |
| The Case of the Midnight Hacker | p. 151 |
| Plaintiff's e-Discovery Skullduggery Leads to Further Punishment by the Court | p. 152 |
| Bankruptcy Court Imposes Sanctions in Adversary Proceeding | p. 152 |
| Metadata | p. 157 |
| What Is Metadata? | p. 157 |
| When Should Metadata Be Produced? | p. 158 |
| Metadata Mistake by Top Spy Agency | p. 167 |
| Objections to Requests for Native Format Production | p. 169 |
| "Play It Like It Lies" and No Mulligans | p. 172 |
| MSG Is Bad for You | p. 173 |
| Search and Review of ESI | p. 177 |
| Introduction to Search and Review | p. 177 |
| Sedona's New Commentary on Search, and the Myth of the Pharaoh's Curse | p. 178 |
| Keyword Searches Versus Concept Searches | p. 186 |
| When Should You Search for Deleted Files? | p. 191 |
| Should You Save and Search Internet Cache? | p. 195 |
| Nonchalant Review Causes Waiver of Attorney-Client Privilege | p. 200 |
| Louis Vuitton Sanctioned for Sandbagging a Search | p. 201 |
| Are Government Employee Emails Always a Public Record? | p. 203 |
| Yahoo Replaces Sex as the #1 Search Quary on Google | p. 207 |
| Popular Search Terms in 2006 | p. 209 |
| New Technologies | p. 211 |
| District Court in Los Angeles Decides Computer RAM Memory Must Be Preserved and Produced | p. 211 |
| Hash | p. 219 |
| Law Review Article Published on the Mathematics Underlying e-Discovery: HASH: The New Bates Stamp | p. 221 |
| Computer Maps | p. 226 |
| Thumb Drive Used to Misappropriate Trade Secrets; 'De-duplication' Used as an Excuse for Not Returning All ESI Taken | p. 231 |
| Top Corporate Officers Continue to Write Embarrassing Emails | p. 234 |
| Forensic Fishing Expedition Rejected | p. 236 |
| World's Largest Data Repositories | p. 238 |
| Appendix | p. 241 |
| New Rule 16, Federal Rules of Civil Procedure | p. 241 |
| New Rule 26 | p. 243 |
| New Rule 34 | p. 255 |
| New Rule 37 | p. 262 |
| Uniform Law Commission's Proposed Uniform Rules Relating to Discovery of Electronically Stored Information | p. 264 |
| ABA Civil Discovery Standards Technology Section Excerpt (August 2004) | p. 270 |
| Local District Court Rules | p. 286 |
| How Much Data Do You Have? | p. 291 |
| Index | p. 293 |
| About the Author | p. 315 |
| Table of Contents provided by Ingram. All Rights Reserved. |
