Features
Uses easy-to-understand language
- Explains electronics information, its location, how it is stored, and who is likely to control it
- Includes links to references, helpful forms, and time-saving guides
- Offers links to technical software solutions
Summary
Although we live in a world where we are surrounded in an ever-deepening fog of data, few understand how the data are created, where data are stored, or how to retrieve or destroy data. Accessible to readers at all levels of technical understanding, Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval covers all aspects of electronic data and how it should be managed.
Using easy-to-understand language, the book explains: exactly what electronic information is, the different ways it can be stored, why we need to manage it from a legal and organizational perspective, who is likely to control it, and how it can and should be acquired to meet legal and managerial goals. Its reader-friendly format means you can read it cover to cover or use it as a reference where you can go straight to the information you need.
Complete with links and references to additional information, technical software solutions, helpful forms, and time-saving guides, it provides you with the tools to manage the increasingly complex world of electronic information that permeates every part of our world.
Table of Contents
What Is Electronic Information, and Why Should You Care?
Introduction
Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure
Changes to the Federal Rules of Civil Procedure
Rule 16 (b)(5) and (6)—Pretrial Conferences; Scheduling Management
Rule 26— General Provisions Governing Discovery; Duty of Disclosure
Rule 37 Safe Harbor
Rule 34 (b) Producing Documents—Procedures
Rule 33 (d) Interrogatories to Parties
Rule 45 Subpoena
Form 35
Federal Rules of Evidence
FRE 502
FRE 901
FRE 802
Case Law Examples
Bass v. Miss Porter’s School (D. Conn.10/27/09)—Defining Relevancy
Crispin v. Christian Audigier, Inc. (C.D. Cal. 2010)—Private Information
Romano v. Steelcase (N.Y. Sup. Ct. 2010)—Another Social Media Privacy Case
Spoliation Examples
KCH Servs., Inc. v. Vanaire, Inc. (W. D. Ky. 7/22/09)—Trigger to Reasonably Expect Litigation
Olson v. Sax (E. D. Wis. 6/25/10)—Safe Harbor Rule
Spieker v. Quest Cherokee, LLC (D. Kan. 7/21/09)—It Is the Practice
Valeo Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich.6/17/09)—Production of Evidence as Requested in Meet and Confer
Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. 6/21/10)—Not Reasonably Accessible?
O’Neill v. the City of Shoreline (Wash. 9/27/10)—Metadata Are Data and Home Computers Are Evidence
Williams v. District of Columbia (D.D.C. 8/17/11)—When "Claw-Back" Rules Can Fail You
Pacific Coast Steel, Inc. v. Leany (D. Nev.9/30/11)—Losing Privilege
Kipperman v. Onex Corp. (N.D. GA. 5/27/10)—A Textbook Case
Pippins v. KPMG LLP (S.D.N.Y. 10/7/11)—How Much Data Do You Really Have to Keep
Chen v. Dougherty (W.D. WA. 7/7/09)—Attorney Gets a Slap for Incompetence
United Central Bank v. Kanan Fashions, Inc. (N.D. Ill. 9/21/11)—Spoliation Sanctions That Hurt the Party but Not Their Attorney
Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC (S.D.N.Y 1/15/10)
Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, 2011)—Employee’s E-mail Sent from Work Not Privileged
Lester v. Allied Concrete Company (Circuit Court VA, September, 2011)—Original Award Reduced Due to Withholding of Facebook Evidence
The Rulings of Judge Scheindlin—Zubulake, Pension, and National Day Labor
Other Federal Rules That Affect Electronic Data
The Problems with ESI as Discoverable Evidence
Why and How This Affects the Practice of Law
How This Affects Business Organizations
Effects on Government Entities
What This Might Mean to You as an Individual
Translating Geek: Information Technology versus Everyone Else
Introduction
The Role of Information Technology
The Information Technologist’s Perspective
Information Technology as an Ally
Translating Geek
IntroductionThe Role of Information TechnologyThe Information Technologist’s PerspectiveInformation Technology as an AllyTranslating Geek
Where is Electronically Stored Information? It’s Everywhere!
Introduction
The Basics
Database Systems
E-Mail Systems
File and Print Servers
Instant Messaging Services
Mobile Devices
Physical Access Records
Telecommunications
Cellular Devices
Digital Video
Internet or Online Data
Storage Media
Desktop Computer Facts
Metadata and Other Nonapparent Data
Conclusion
IntroductionThe BasicsDatabase SystemsE-Mail SystemsFile and Print ServersInstant Messaging ServicesMobile DevicesPhysical Access RecordsTelecommunicationsCellular DevicesDigital VideoInternet or Online DataStorage MediaDesktop Computer FactsMetadata and Other Nonapparent DataConclusion
Who’s in Charge Here? Allies, Owners, and Stakeholders
Introduction
The (Long) List of Stakeholders
Information Technology Professionals
Legal Staff
Records Managers
Auditors
Department Heads, Vice Presidents, and Executives
Physical and Information Security Personnel
Ownership of Data
Data Control Considerations
Required Skill Sets and Tools
IntroductionThe (Long) List of Stakeholders Information Technology Professionals Legal Staff Records Managers Auditors Department Heads, Vice Presidents, and Executives Physical and Information Security PersonnelOwnership of Data Data Control Considerations Required Skill Sets and Tools
The Hunt: Recovery and Acquisition
Introduction
Where Oh Where Has My Data Gone?
Applications as a Vital User Interface
Hidden or Restricted Access Data
Encrypted Data
Deleted or Corrupted Data
Proprietary Data or Data Stored on Obsolete Media
Privileged, Sensitive, and Inaccessible Data Management
Proving Ownership and Integrity
Marking Time—How Time Is Recorded and Ensuring Integrity
Legal and Forensically Sound Acquisition
IntroductionWhere Oh Where Has My Data Gone? Applications as a Vital User Interface Hidden or Restricted Access Data Encrypted Data Deleted or Corrupted Data Proprietary Data or Data Stored on Obsolete MediaPrivileged, Sensitive, and Inaccessible Data ManagementProving Ownership and IntegrityMarking Time—How Time Is Recorded and Ensuring IntegrityLegal and Forensically Sound Acquisition
Keeping Your Treasures: Preservation and Management
Introduction
Securing the Data
Access Control and Management
Organization and File Management Techniques
Day-to-Day Organization
Management of Data over Time
Response to Litigation or Audits
Safe Storage Issues and Considerations
Litigation Hold
Spoliation—The Loss of Relevant Data
Automated Technical Solutions
Sharing Is Good: Dissemination and Reporting
Introduction
Format Issues—Original or Usable?
Mediums for Transfer
Creating Readable Reports
Tips for Depositions and Expert Witness
Conclusion
Glossary
IntroductionSecuring the DataAccess Control and ManagementOrganization and File Management Techniques Day-to-Day Organization Management of Data over Time Response to Litigation or AuditsSafe Storage Issues and ConsiderationsLitigation HoldSpoliation—The Loss of Relevant DataAutomated Technical SolutionsIntroductionFormat Issues—Original or Usable?Mediums for TransferCreating Readable ReportsTips for Depositions and Expert WitnessConclusion
Appendix A: Links and References for More Information
Appendix B: Forms and Guides
Index
Published: July 2012
Hard
Pages: 400
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