LinkedLaw Deskbook
ITEM #:  60091700   |   PUBLISHED:  FEBRUARY 14, 2023

E-Discovery Deskbook, 2nd Edition

Edited by John M. Degnan & Mary T. Novacheck

The NEW Second Edition of the E-Discovery Deskbook covers all aspects of e-discovery and is a must-own resource for all practitioners! Whether you are working solo, in a firm small or large, or in-house, every attorney will need to know how to conduct effective and efficient e-discovery. The Deskbook is written to provide new practitioners or those unfamiliar with e-discovery a comprehensive overview of the process, issues to be aware of, and helpful practice tips to guide them through the process. The Deskbook also gives experienced practitioners an in-depth, thorough resource to consult when dealing with complex legal issues related to e-discovery, and assist practitioners of all skill levels in conducting better, more cost-effective discovery. 

Some topics covered in the Second Edition E-Discovery Deskbook include preservation obligations and legal holds; proper collection process; processing, platforms, and review; maximizing tools for efficiency; review acceleration; production; privilege and clawbacks; in-house perspectives; insights from the bench; authentication and admissibility; data security; digital evidence in criminal cases, and using forensic experts. The E-Discovery Deskbook covers all these aspects of e-discovery and will walk attorneys through the e-discovery process for any case, large or small!


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An Electronic Discovery Primer
Introduction; Measures of Electronic Data; Types of Electronic Data; Understanding the Challenges of Working with Electronically Stored Information; Ethical Rules and E-Discovery; Electronic Discovery Reference Model; Discovery Counsel, E-Neutrals, and Special Masters; Sanctions and Malpractice; Cross-Border and GDPR Discovery Implications; Conclusion
– John M. Degnan & Heidi J.K. Fessler

Preservation Obligations and Legal Holds
Introduction: What is a Litigation Hold and Why Have One?; Recognizing the Litigation Hold Trigger; Creating the Litigation Hold; Who Should Receive the Hold; Proportionality Informs the Duty to Preserve; Technical Aspects of the Preservation of ESI; Unique Preservation Issues; Renewal of the Litigation Hold; Release of the Litigation Hold; Consequences for Failing to Issue or Comply with a Litigation Hold; Federal Rule of Civil Procedure 37 and Minnesota Rule of Civil Procedure 37.05 Sanctions; Additional Resources
– Keiko L. Sugisaka & John N. Sellner

Data Collection
Introduction; Applicable Rules; Collections Projects; Identifying Data for Collection; Data Fundamentals; Collection Methods and Technologies; Conclusion; Appendix A – Sample Evidence Chain of Custody Tracking Form; Appendix B – Sample Data Collection Matrix
– Christopher Iijima & Andre Champagne

Processing, Platforms, and Review: Maximizing the Tools for Efficiency
Trends in Technology to Support Defensible Document Hosting and Review: Data Security and Industry Certifications, Cloud Data Collections, and E-Discovery Platforms; Data Assessment; Data Selection and Output; Recovery of E-Discovery Costs; Decommissioning Databases; Managed Document Review Process; Artificial Intelligence – The Game Changer in the Practice of Law
– Andrew M. Hansell

Analytics and Technology Assisted Review
Introduction; Common Analytics Terms; Technology Assisted Review; Analytics and TAR Key Terminology; Choosing a TAR-Based Solution; Court Cases and the Future of Technology Assisted Review
– Anthony P. Barrows & Kelly Atherton

Privilege and Clawbacks: Considerations Regarding the Protection of Privileged and Protected ESI
Introduction and Overview; Protections Afforded Under the Federal Rules; Privilege Log Issues – Fed. R. Civ. P. 26(b)(5)(A) & Minn. R. Civ. P. 26.02(f)(1); Other Issues – Redaction and In Camera Review; Managing Document Gathering, Review, and Production with an Eye Toward the Attorney-Client Privilege and Word Product Doctrine; Data Privacy Concerns When Conducting E-Discovery; Appendix A – Checklist for Handling E-Discovery Issues for Privilege and Clawbacks
– Timothy M. O’Shea & Lousene M. Hoppe

Professionalism and Ethics in E-Discovery
Introduction; Minnesota Rules Covering E-Discovery; Proportionality and Cooperation; Working with Vendors; Unique Challenges with E-Discovery; The Minnesota Supreme Court and “Professionalism Aspirations”; Conclusion
– John M. Degnan & Mary T. Novacheck

E-Discovery From an In-House Perspective
The Evolution of In-House Law Departments; The Importance of Information Governance; In-House Counsel Should Actively Participate in Document Preservation Process; Vendor Selection; Creating a Defensible E-Discovery Program; Appendix A – Attorney-Client Privileged Legal Hold Interview Questions; Appendix B – In-House Counsel “Wish List” For Supplemental Tools
– Joshua Strom

A View From the Bench
Part One: The Role of Proportionality in Reducing the Cost of Civil Litigation; The Cornerstone of “Right Sizing” Efforts in Civil Cases; Proportionality is to be Fairly Applied: It Favors Neither Plaintiffs nor Defendants; Proportionality is a Shared Obligation; Right Sizing Litigation: Proportionality in Action; Proportionality Requires Continual Assessment; Part Two: E-Discovery From the Other Side of the Bench: What the Court Expects of the Parties; Introduction; Rule 26 Conferences; Resolving Disputes About E-Discovery; Conclusion; Appendix A – Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners; Appendix B – Rules of the Road for Engaging Effectively with the Court on E-Discovery
– Honorable Jerome Abrams (ret.) & Magistrate Judge Hildy Bowbeer (ret.)

New Rules and Evolving Standards
Introduction; Scope and Purpose: FED. R. CIV. P. 1 & MINN. R. CIV. P. 1; Pretrial Conferences, Scheduling, Management: FED. R. CIV. P. 16 & MINN. R. CIV. P. 16; Duty to Disclose; General Provisions Governing Discovery: FED. R. CIV. P. 26 & MINN. R. CIV. P. 26; Depositions by Oral Examination; Depositions by Written Questions; Interrogatories to Parties: FED. R. CIV. P. 30, 31, 33; Requests for Production of Documents: FED. R. CIV. P. 34 & MINN. R. CIV. P. 34; Failure to Make Disclosures or to Cooperate in Discovery; Sanctions: FED. R. CIV. P. 37 & MINN. R. CIV. P. 37; Evolving Standards of Defensibility and Documenting Decisions During Discovery; Conclusion; Appendix A – Mandel Rule 37(e) Flow Chart; Appendix B – Meet & Confer Instructional Outline
– Brendan Kenny & Eric P. Mandel

Handling E-Discovery in All Cases – Big and Small
Introduction; Case Evaluation; Educating Clients; Budgeting; Developing an ESI Strategy with the Client; After-the-Fact Post Mortem; Appendix A – Rule of Thumb Point System for an ESI Plan
– Seth Leventhal & Christine Chalstrom

Authentication and Admissibility of ESI
Introduction: Authentication and Admissibility of ESI: The Current Seminal Case – Lorraine v. Markel American Insurance Co. – and the Five Evidentiary Issues Regarding the Admissibility of ESI; Analyzing the Lorraine Issues Under Minnesota Law; Practical Considerations for Minnesota Practitioners: Employing Minnesota’s Rules of Civil Procedure During Discovery to Assist with the Admissibility of ESI at Trial; Conclusion
– Mary T. Novacheck & Skip Durocher

Forensic Experts – When and How to Leverage the Talent
Introduction; The Case for Forensic Preservation; Recognizing When to Hire a Computer Forensic Expert; Communication is Key to a Successful Expert Engagement; Listen to the Expert; Costs; Conclusion
– Mark Lanterman & John M. Degnan

Data Security, Information Governance, and Understanding Data From the Inside Out
Understanding Data From the Inside Out; Essential Forensic Documentation; Forensic Collection for Criminal Matters; Forensic Process; Data Volume; User-Created Files; Metadata; File System Metadata; Document or Embedded Metadata; Data Breach Data Elements; Specific Cyber Threats; Network Security Monitoring Data; Login (Network and Host); Remote Login; File Transfers and File Transfer Details as Evidence; Exfiltration of Data; Indicators of Compromise; Forensic Issues; Data Integrity; The Impact of Privacy Regulation; Conclusion; Appendix A – Incident Response Plan Requirements
– Heidi J.K. Fessler & Scott Larson

Digital Evidence and E-Discovery in Criminal Matters
Introduction; The Basics: Criminal E-Discovery; Third-Party Electronic Evidence in Criminal Cases; Mobile Phone Evidence in Criminal Cases; Social Media; Complex E-Discovery in Criminal Litigation; Ethical Requirements; Case Law Supplement; Geofence Warrants; Internet of Things
– Mark Lanterman; Case Law Supplement by Heidi J.K. Fessler

EDRM Glossary 
The EDRM Glossary is EDRM’s most comprehensive listing of electronic discovery terms. It includes terms from the specialized glossaries listed below as well as terms not in those glossaries. The terms are listed in alphabetical order with definitions and attributions where available. 
– Electronic Discovery Reference Model, EDRM.net

Table of Authorities
Subject Index

  • Sample Evidence Chain of Custody Form
  • Sample Data Collection Matrix
  • Checklist for Handling E-Discovery Issues for Privileges and Clawbacks
  • Attorney-Client Privileged Legal Hold Interview Questions
  • In-House Counsel “Wish List” for Supplemental Tools
  • Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners
  • Rules of the Road for Engaging Effectively with the Court on E-Discovery
  • Mandel Rule 37(e) Flow Chart
  • Meet & Confer Instructional Outline
  • Rule of Thumb Point System for an ESI Plan
  • Incident Response Plan Requirements

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