Overview

The greatest challenge for attorneys dealing with eDiscovery is simply keeping up with changing rules and technologies. This handbook is designed to help attorneys practicing in Pennsylvania, New Jersey, and Delaware keep up with the dizzying pace of change. Special attention has been given to emerging eDiscovery issues - such as metadata discovery, computer assisted review, and the Stored Communications Act. The handbook addresses the key issues in eDiscovery - preservation, document production, proportionality, cost-shifting, social media, third-party discovery, data privacy, foreign discovery, discovery in criminal cases, and sanctions. The handbook also focuses on case law and local rules addressing eDiscovery in Pennsylvania state courts, as well as federal courts within the Third Circuit. New for 2016 The entire book has been updated with supplemented and new case law. Significant updates involve amended Federal Rule of Civil Procedure 37(e). In December 2015, Congress approved amendments to the Federal Rules of Civil Procedure, including amendments to Rule 37(e), which serve to clarify the consequences of failing to preserve electronically stored information by setting forth a framework for the imposition of spoliation sanctions. The practical effects of this amended rule are addressed in the 3rd edition.

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9781628811780

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