Publications

 		    

Electronic Discovery and Evidence

The acclaimed Arkfeld on Electronic Discovery and Evidence treatise and accompanying Best Practices Guides are available to assist with your ediscovery needs. The list of publications includes:

Arkfeld on Electronic Discovery and Evidence (2nd ed.) treatise. 
Best Practice Guides:
 - Information Technology Primer for Lawyers 
 - Litigation Readiness and Hold
 - ESI Pretrial Discovery - Strategy and Tactics. 
 - Electronic Discovery and Evidence                                                                       Companion CD-ROM - contains all publications, full text of cases and hyperlinked for your convenience.

Learn more . . .     Brochure . . .    Order now . . . 

 
         

 

 

 		    

 Arkfeld on Electronic Discovery and Evidence

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 1300 page treatise contains 8 chapters as well as four 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.

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 Information Technology Primer for Legal Professionals

This guide provides a much needed primer in understanding the “information technology infrastructure” of organizations.  Understanding the infrastructure and technology concepts will enable legal professionals to apply e-discovery legal mandates in order to request and produce “electronically stored information” (ESI). The primer includes important sections in identifying, locating and managing “electronically stored information” (ESI) using computer technology.

Contents include:

- Overview of information technology in organizations and the electronic discovery process.
 - Characteristics and "form or forms" of ESI
 - IT infrastructure of a company's IT people, hardware, software and networks.
 - ESI types, file systems and structure of data.
 - Sources, storage, locations, metadata and concealment of ESI
 - Computer technology available to search, identify, review and produce ESI.

 
     

 


 		    

Litigation Readiness and Hold

NEW! This completely revised publication provides strategic guidance, recommendations and practice forms for legal professionals, including corporate counsel, 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.
 
  
         

 

 

 		  
ESI Pretrial Discovery -- Strategy and Tactics
 
This Best Practices Guide 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.

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

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Electronic Discovery and Evidence

This Best Practices Guide 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?
• Steps to Requesting Electronic Information
• Steps to Responding to an Electronic Discovery Request
• Admission of Electronic Evidence
• Amended Federal Rules of Civil Procedure
& Committee Notes

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  • Pubs.

  • Treatise

  • IT Primer

  • Lit. Hold

  • ESI Strategies

  • EDE Guide

 

"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"

 

Press Release - October 1, 2009

Arkfeld on Electronic Discovery and Evidence:  Significant Trends in Electronic Discovery

PHOENIX, AZ – Law Partner Publishing announces the release of the September 2009 edition of its acclaimed Arkfeld on Electronic Discovery and Evidence (2nd Ed.) treatise by the well-known author, speaker and attorney, Michael R. Arkfeld.  

WHAT'S NEW?

Updated and expanded through July 2009, this edition (1300+ pages) 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”
  • Completely revised section on searching and retrieving “electronically stored information” (ESI) including  search types, protocol, and certification of search methodology
  • Expansion of treatise to include state cases and procedural rules from all jurisdictions
  • New Rule FRE 502 section analyzing inadvertent disclosure, attorney-client privilege and work product and limitations on waiver
  • Latest cases on cost allocation, proportionality, and “not reasonably accessible” issues
  • Analysis of “reasonably usable form,” “kept in the usual course of business,” and ESI “form or forms”
  • Analysis of “meet and confer” obligations including discussing “any issues relating to disclosure or discovery” of ESI
  • Sanctions for failure to preserve and cooperate
  • Over a hundred practice forms, checklists, preservation letters, court orders, etc. have been added and available online at eLawExchange (www.elawexchange.com) for current subscribers to the treatise.

Litigation Readiness and Hold Best Practices Guide - NEW! This completely revised publication provides strategic guidance, recommendations and practice forms for legal professionals, including corporate counsel, 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.

Contents include:

  • Litigation Readiness Plan Components
  • How to Recognize “Triggering” Events
  • How to Formulate a Litigation Hold Strategy
  • Litigation Hold Court Directives, Duties, and Tasks
  • Checklist for IT Systems and ESI Type, Storage, and Locations
  • Practice Forms: Notice to Preserve Letter to Opposing Party, Organization Litigation Hold Procedures and Forms Manual and Law Firm Litigation Hold Procedures

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Arkfeld on Electronic Discovery and Evidence (2nd Ed.) treatise and Best Practices Guides


This new 2nd edition provides detailed coverage on the latest case law, amended federal rules with case analysis, and procedural developments concerning electronic evidence. This edition covers all of the new cases and issues facing the issues of discovering, producing and admitting "electronically stored information" (ESI) in your cases. Besides the new extensive analysis of the amended federal rules, the new edition enlarges the discussion concerning search protocol and certification as well as the numerous federal directives requiring counsel to issue a "litigation hold" and proactively identify and preserve responsive ESI. Learn more . . .

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BONUS! Arkfeld's Best Practices Guide: IT Primer for Legal Professionals (2009-2010)
This 2009-2010 guide provides a This guide provides a much needed primer in understanding the “information technology infrastructure” of organizations. Learn more . . .

BONUS! Arkfeld's Best Practices Guide for Litigation Readiness and Hold (2009-2010)
NEW! This completely revised 2009-2010 guide provides provides strategic guidance and recommendations for legal professionals in preparing for and implementing a “litigation hold.” Learn more . . .

BONUS! Arkfeld's Best Practices Guide to Electronic Discovery and Evidence (2008-2009)
This 2008-2009 guide provides a practical step-by-step guide on how to request or produce electronic data. It contains critical cross-references to the treatise where you can find more information on each topic.  Learn more . . .

BONUS! Arkfeld's Best Practices Guide for ESI Pretrial Discovery-Strategy and Tactics (2008-2009). This Guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery.  Learn more . . .

BONUS! Companion CD-ROM
Built on the Folio platform, the companion CD-ROM is fully searchable and easy to navigate. It contains the full text of the Treatise and the Best Practices Guide with hypertext links to the full text of referenced case law and statutes materials cited by the author. All the materials are contained on the CD-ROM itself – no need to go online! The user-friendly and intuitive interface allows you to take advantage of improved search technologies, as well as to print, copy and paste, and save material to your computer.

BONUS! In addition, with a current subscription to the treatise, customers can access over a hundred practice forms and other valuable information online by enrolling on a password-protected members’ website which can be found at eLawExchange (www.elawexchange.com).

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Publishing Alliance

LexisNexis Publishing Solutions and Law Partner Publishing, LLC (LPP) have formed a publishing alliance to offer print and electronic publications on electronic discovery and evidence for law firms, government agencies and other legal professionals.

Benefits of this alliance include:

• The release of the 2nd edition of the acclaimed treatise Arkfeld on Electronic Discovery and Evidence;
• The addition of a fully-functional CD-ROM with hypertext links from the treatise to full text of case opinions, statutes and regulations;
• Best Practices Guides with practical checklist and guidance tips, tricks and pointers for practitioners.

 

 

 

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