Arkfeld on Electronic Discovery and Evidence

Your discovery process involves electronic evidence and electronically stored information (ESI) more than ever before. Mastery of e-discovery is essential—whether you need a basic understanding of the language and the risks, or need advice on managing ESI and uncovering hidden electronic evidence. All litigators must stay apprised on how courts are ruling on electronic discovery issues.

Arkfeld on Electronic Discovery and Evidence, Fourth Edition, (updated biannually), and four Best Practice Guides, provide comprehensive guidance, with clear explanation of the technical concepts, as well as discussion of the latest legal developments in this area.

BEST VALUE! Your purchase of the 1,500 page treatise includes a copy of each of the four companion Best Practices Guides, which are cross-referenced to the treatise and a companion downloadable ebook file which contains all the publications, forms, and other resources.

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“Michael Arkfeld’s treatise on e-discovery is peerless among print publications. No other volume offers the encyclopedic treatment of the topic and its depth and breadth of scholarship. Michael Arkfeld lucidly weaves practical knowledge gleaned from years at the bar with a professorial commitment to case law and best practices. Though books on fast-moving topics are obsolete almost from the moment of publication, the loose-leaf format and ancillary online resources of the Arkfeld work insure that it can continue to deliver the best features of both media.

Michael Arkfeld’s book sets the standard by which all its successors are judged, and it has yet to be supplanted as the seminal work in the field. If you buy one book on electronic discovery, this is the one to buy.”

Craig Ball, “Attorney & Forensic Examiner”

For additional reviews click here

The list of publications include:

Arkfeld on Electronic Discovery and Evidence (4rd ed.) (updated biannually) treatise.

Best Practice Guides (Guides are updated annually):

  • Information Technology Primer for Lawyers
  • Legal Hold
  • ESI Pretrial Discovery – Strategy and Tactics.
  • Electronic Discovery and Evidence

Also included is a downloadable eBook – which contains all publications, full text of cases and hyperlinked for your convenience, practice forms, planning guides, IT discovery questions and other resources.

Best Practice Guides

Information Technology Primer for Lawyers

The new edition of Arkfeld’s Best Practices Guide: Information Technology Primer for Legal Professionals, is a resource for understanding the “information technology infrastructure” of organizations, locating “electronically stored information” (ESI), and managing it using computer technology.

This primer is intended to be used as a general reference for the identification, preservation, collection and disclosure of ESI.

Contents include

  • Overview of IT in organizations and electronic discovery
  • Characteristics & forms of “electronically stored information” (ESI)
  • IT infrastructure: people, hardware, software, networks
  • ESI file system, concealment and types
  • ESI sources and locations
  • Using computer technology to search, identify, filter, review, produce and present ESI
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Legal Hold

The Best Practices Guide for Legal Hold provides strategic guidance, recommendations and practice forms necessary in preparing for and implementing a “legal hold.” It covers the components of a legal hold readiness plan to identify, preserve, collect, process and review electronic data for disclosure in a timely manner. Features include sample legal hold procedures and forms for an organization, preservation notice letters for clients and opposing counsel, and a section on information technology discovery questions.

Contents include

  • Overview of Legal Hold and Electronic Discovery
  • Overview of Information Technology
  • Legal Hold Readiness Plan
  • Legal Hold
  • Organization Legal Hold Procedures and Forms Manual
  • Law Firm Legal Hold Procedures and Practice Forms
  • Information Technology Discovery Questions
  • Amended Federal Rules of Civil Procedure
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ESI Pretrial Discovery – Strategy and Tactics

The new edition of Arkfeld’s Best Practices Guide: ESI Pretrial Discovery — Strategy and Tactics contains procedural steps, strategy and substantive law considerations related to the pretrial discovery of “electronically stored information” (ESI). These practices are intended to be used as general guidelines for the discovery and production of ESI. Depending on the unique issues of your case, these suggested practices may necessitate a different approach and should be considered on a case-by-case basis.

Contents include

  • Overview of Electronic Discovery and Information Technology
  • Preparing an Overall Plan and Strategy
  • ESI Issues and Strategy
  • Litigation Stages and Procedural Discovery Rules
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Electronic Discovery and Evidence

The 2018-2019 edition of the Best Practices Guide for Electronic Discovery and Evidence offers an overview and workbook for the myriad legal and technological issues that need to be addressed whether you are requesting or producing “electronically stored information” (ESI). The workbook provides a plan and pretrial steps for discovering and disclosing ESI. Also included is a “meet and confer” planning guide outlining the key topics and questions for a pretrial conference.

Contents include

  • The Basics of Electronic Discovery
  • Electronic Discovery Plan
  • Requesting Electronic Information
  • Responding to an Electronic Discovery Request
  • Admission of Electronic Evidence
  • Amendments to Federal Rules of Civil Procedure
  • “Meet and Confer” Planning Guide
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