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ARKFELD ONElectronic Discovery and Evidence2nd EditionMichael R. Arkfeld

The second edition of Arkfeld on Electronic Discovery and Evidence comes with:• Arkfeld’s Best Practices Guide for Electronic Discovery and Evidence;• Arkfeld’s Best Practices Guide for ESI Pretrial Discovery – Strategy and Tactics;• Arkfeld’s Best Practices Guide for Litigation Readiness and Hold; and• A fully-searchable companion CD-ROM.

YOUR KEY TO UNDERSTANDING E-DISCOVERYA detailed legal treatise for lawyers and other legal professionals, this publication explores legal dilemmas that may present themselves in the discovery and admissibility of electronic evidence. It discusses every aspect of the process including electronic information storage, technology concepts, outside expert assistance, the inherent benefits of electronic formats, as well as the laws and procedures for admitting evidence in your case from both a state and federal perspective.

ABOUT THE AUTHORMichael R. Arkfeld, Esq. is a leading consultant, civil litigator, speaker, and author who is involved on a daily basis in the discovery and admission of electronic information. As a former assistant United States Attorney, his practice emphasized cases involving personal injury, medical malpractice, employment cases, and a host of other civil claims. Michael has appeared before federal and state appellate courts and has tried more than 30 cases before a jury. Michael is a member of the State Bar of Arizona and the recipient of the national 2004 E-Evidence Thought Leading Scholar Award and received the President’s Award from the State Bar of Arizona in 1996. His websites at www.arkfeld.com and www.elawexchange.com feature additional electronic discovery and evidence resources.

Since 1985, Michael has incorporated personal computers extensively in his legal practice. Michael regularly conducts seminars and lectures, on the impact of technology on the practice of law, and on discovery and admission of electronic evidence. His seminars have taken him throughout North America and overseas.

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$245*LOOSELEAF WITH 3 BEST PRACTICES GUIDES AND CD-ROM

1000+ PAGESISBN# 9781422446218PUB NO. 22425© 2008 MICHAEL R. ARKFELD

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ARKFELD ON

your complete e-discovery resource.

ARKFELD ON

Electronic Discovery and Evidence2nd EditionMichael R. Arkfeld $245*

LOOSELEAF WITH 3 BEST PRACTICES GUIDES AND CD-ROM1000+ PAGESISBN# 9781422446218PUB NO. 22425© 2008 MICHAEL R. ARKFELD

Arkfeld on Electronic Discovery and Evidence is a comprehensive treatise that addresses all the key aspects of the discovery and admission of electronic evidence, within the context of relevant statutes, regulations, and federal and state case law. Authored by Michael R. Arkfeld, Esq., a leading attorney and speaker, the Second Edition is completely revised, enhanced both in substance and format. The up-to-date 1000 page treatise contains 8 chapters as well as three companion Best Practices Guides, which are cross-referenced to the treatise, and a fully–searchable CD-ROM. It provides fingertip access to sample discovery forms, letters, and court orders, and includes dozens of practice tips and pointers.

HIGHLIGHTS INCLUDE:• Clear explanations of technology and legal concepts• Authoritative discussion of court rules related to electronic information• Case summaries of both federal and state cases on electronic discovery and evidentiary issues• Forms, checklists, and practical pointers• Well-organized legal and technology content

CONTENTS INCLUDE:• Chapter 1: Electronic Information in Litigation• Chapter 2: Creation and Storage of Electronic Information• Chapter 3: Structure and Types of Electronic Information• Chapter 4: Computer Forensics, Experts and Service Bureaus• Chapter 5: Search, Technology and Cost Issues in Managing ESI• Chapter 6: Discovery and Production Process• Chapter 7: Court Procedural Rules and Case Law• Chapter 7: Appendix - State Cases and Rules Summary• Chapter 8: Admissibility of Electronic Evidence

WHAT’S NEW IN THE SECOND EDITIONUp-to-date through September 2008, this edition includes a detailed discussion of e-discovery federal and state cases with critical cross references to the underlying technology and legal concepts. Building on the well-organized and acclaimed first edition of this treatise, the second edition expands to cover the latest issues affecting e-discovery, including:

• Detailed analysis regarding new court mandates involving “triggering events” and implementing “litigation holds;”• Explanation of key technology concepts such as backups, metadata, native files, etc. and how they apply to electronic discovery;• Procedural rules and techniques on how to protect ESI including “not reasonably accessible”, burdensome, cost allocation, and more;• Ethical concerns, including discussion of the Qualcomm case, for lawyers who fail to properly advise their clients about “metadata,” preservation and disclosure obligations, and more;• Analysis of the extensive legal and technology issues involved with amended Rule 34, Request to Produce and Inspect;• Analysis of Rule 26 “meet and confer” obligations including discussing “any issues relating to disclosure or discovery” of ESI;• Rule 26(g) ediscovery certification requirements and Rule 26(c) protective orders;• Cases holding law firms responsible for processing errors of e-discovery vendors; and • Practice forms, checklists, preservation letters, court orders and more!

ARKFELD’S BEST PRACTICES GUIDE FOR

Litigation Readiness and HoldArkfeld’s Best Practices Guide for Litigation Readiness and Hold provides strategic guidance and recommen-dations to legal professionals in preparing for and implementing a “litigation hold.” This Guide covers the components of a litigation readiness plan to ensure that your client can identify, preserve, collect, process, and review electronic data for disclosure in a timely manner. Such a proactive approach will contribute to your success by properly identifying and preserving ESI once a triggering event occurs. In addition, an im-portant section entitled Court Directives, Duties, and Tasks, derived from case law, highlights the litigation hold obligations for disclosing parties.

CONTENTS INCLUDE:• Litigation Readiness Plan Components• How to Recognize “Triggering” Events• How to Formulate a Litigation Hold Strategy • Checklist for IT Systems and ESI Type, Storage, and Locations • Litigation Hold Court Directives, Duties, and Tasks

ARKFELD’S BEST PRACTICES GUIDE FOR

ESI Pretrial Discovery – Strategy and Tactics Arkfeld’s Best Practices Guide for ESI Pretrial Discovery -- Strategy and Tactics contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. These include scope of discovery, preservation obligation, controlling costs, search methodology, form of production, accessibility of ESI and cost allocation, and much more. Whether it is a “meet and confer” or request for production, these are the sixteen critical issues to focus on in requesting or producing ESI. This book provides you with valuable strategy and checklists for, and guidance on, the legal and technology issues affecting your pretrial e-discovery decisions.

CONTENTS INCLUDE:• The Basics of Electronic Discovery• Preparing an Overall Plan and Strategy• ESI Issues and Strategy• Litigation Stages and Procedural Discovery Rules

ARKFELD’S BEST PRACTICES GUIDE FOR

Electronic Discovery and EvidenceArkfeld’s Best Practices Guide for Electronic Discovery and Evidence provides a practical step-by-step guide covering the legal and technology issues involved in requesting or producing electronic data. It contains critical cross-references to the treatise where you can find more information on each topic.

CONTENTS INCLUDE:• The Basics of Electronic Discovery• Is it Necessary to Have a Discovery Plan?• Requesting Electronic Information• Responding to an Electronic Discovery Request• Admission of Electronic Evidence• Amended Federal Rules of Civil Procedure & Committee Notes

COMPANION CD-ROMThis fully-searchable companion CD-ROM contains the full text of the treatise and Best Practices Guides, with hypertext links to case law, statutes, regulations and rules cited by the author. The CD-ROM also includes checklists, practice forms, guidelines, and many other resources. The user-friendly and intuitive interface allows you to take advantage of improved search technologies, as well as print, copy and paste, and save materials to your computer.

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Arkfeld onELECTRONIC

DISCOVERY ANDEVIDENCE

MICHAEL R. ARKFELD

SECOND EDITION — SEPTEMBER 2008 RELEASE

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“[Arkfeld on Electronic Discovery and Evidence] . . . quickly became the e-discovery bible for practitioners, jurists, and everyone interested in the exploding area of the law. . . . If e-discovery is becoming an inescap-able part of your law practice, I unreservedly recommend that the Electronic Discovery and Evidence treatise, guides, and CD-ROM be on your bookshelf, in your briefcase, and loaded onto your computer.”

— Mark S. Sidoti, Esq., Gibbons P.C.

TECHNICAL SUPPORT

800/223-5297 Single-User LicensePub No. 22429-12

ISBN 978-1-4224-4621-8

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Arkfeld onELECTRONIC

DISCOVERY ANDEVIDENCE

MICHAEL R. ARKFELD

SECOND EDITION — SEPTEMBER 2008 RELEASE

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