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Law Student's Guide - Arkfeld on Electronic Discovery and Evidence

This is to announce that the "Law Student's Guide" of the acclaimed legal publication entitled "Electronic Discovery and Evidence" is now available. Order now for the summer, spring or fall sessions!

This would be an excellent student text for your evidence, civil procedure or electronic discovery class. One student from William and Mary Law School noted, that it was a "Great text book . . . lays out everything very clearly. Makes the technology aspect understandable. I will keep this text for a long time." A professor at Widener University School of Law commented "Our class is off to a great start. The 40+ students this semester, if my observation for the first two classes is correct, is our best group of students yet. They have quickly grasped the material and demonstrated excellent involvement. I'm sure your textbook is a major contributory factor." Chris Mourse, Director, Corporate Counsel Technology Institute at Widener University School of Law.

For a teaching reference regarding the book please contact Professor Mollie Nichols ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), Ass. Dir. for Research & Professional Education, Courtroom 21, at the William and Mary Law School or Chris Mourse ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at Widener Univeristy School of Law.

Reviewers have labeled the book as "an extraordinarily useful, practical and accessible guide," "magnificent resource," "a solid digital discovery reference resource, packed full of detailed information and replete with case citations," "extremely valuable new book", "comprehensive and comprehensible" and a "powerhouse of information." See what the reviewers are saying . . .

The book is a comprehensive resource for the discovery, production and admission of electronic evidence. The book addresses every aspect of this process including electronic information storage, outside expert assistance, discovery and production of data as well as the laws and procedures for admitting electronic evidence in the courtroom. This expanded edition will update your students on all the latest developments and case law with particular emphasis on scope and duty of preservation of electronic information, cost allocation, e-mail, backups, databases, voicemail, searching electronic information and electronic data formats. The loose-leaf format is updated on an annual basis. Learn more . . .

Arkfeld on Electronic Discovery and Evidence treatise was referenced by the Honorable Shira A. Scheindlin in Zubulake v. UBS Warburg LLC, No. CIV.02C1243, 2004 WL 1620866, at *49 (S.D. N.Y. July 20, 2004).

In his comments about the new edition the author, Michael Arkfeld, stated, "failing to properly advise your client as to duties relating to electronic information can have severe consequences. Beside the significant ethical issues involved, the courts are issuing decisions imposing sanctions and other spoliation remedies for failure to preserve and disclose electronic evidence on a daily basis."

In addition to the soft cover version, this book is available in a loose-leaf hard cover format and can be ordered from the Lexis web site

Book Details

Format: Book - Loose Leaf & soft cover (law student's guide).
ISBN: 1422446212
Pages: 1300+
Last Update: March, 2010
Frequency: Print (Bi-annually);

Arkfeld on Electronic Discovery and Evidence

Comprehensive book on discovery, production and admission of electronic information.

FEATURES AND BENEFITS

Here's your key to understanding the discovery, production and admissibility of electronic information, all in a 1300 page book.
- Clear explanations of technology and legal concepts.
- Authoritative discussion of court rules to electronic information.
- Case summaries on electronic discovery and evidentiary issues.
- Forms, checklists and practical pointers.
- Well-organized legal and technology content.
- Password protected web site for updated case summaries, practice materials and other resources.

SUMMARY OF CONTENTS

Chapter 1 - Electronic Information in Litigation
- Transition to Electronic Information
- Unique Characteristics
- Importance of Understanding
- Evidentiary Value
- Ethical Obligations
- Judicial Role

Chapter 2 - Creation and Storage of Electronic Information
- Creating Electronic Information
- Storage and Retrieval
- Storage Media
- Storage Devices
- Storage Locations

Chapter 3 - Structure and Type of Electronic Information
- Underlying Computer Setup
- Technology Staff Positions
- Directories, Files and File Formats
- Business Software
- Special Issues - Electronic Information
- Data Type - Generally
- Metadata
- Electronic Messaging and Internet
- Database, Spreadsheets, and Text Documents
- Faxes, Graphics and Multimedia
- Presentation, Audio and Video
- Conferencing - Text, Audio, Data and Video

Chapter 4 - Computer Forensics, Experts and Service Bureaus
- Computer Forensics
- Expert, Consultants and Service Bureaus
- Types, Services and Scope of Work
- Locating and Selecting

Chapter 5 - Collecting, Processing and Searching Electronic Information
- Value of Collecting
- Collecting and Producing
- Extraction and Conversion
- Production or Output Format
- Searching, Filtering and Deduplication
- Categorizing and Reviewing
- Types of Discovery Software

Chapter 6 - Discovery and Production Process
- Discovery Steps
- Preservation Request
- Search Efforts
- Sampling
- Production Steps
- Duty to Preserve
- Experienced Counsel
- Retention Policy

Chapter 7 - Court Procedural Rules and Case Law
- Federal Court Procedural Rules
- Court Management Tools
- Production and Protection of Case Information
- Initial Disclosures
- Expert Witness Reports
- Relevancy and Overbroad
- Limiting Discovery - Burdensome
- Cost Allocation
- Work Product and Attorney Client Privilege
- Protective Orders
- Depositions, Interrogatories and Request to Produce
- Onsite Inspection of Computer System
- Request for Admissions
- Sanctions, Duty to Preserve and Spoliation
- Third Party Electronic Data
- Special Masters and Experts
- Injunctions

Chapter 8 - Admissibility of Electronic Evidence
- Evidentiary Issues
- Federal Rules of Evidence
- Preliminary Question
- Judicial Notice
- Relevancy
- Experts and Lay Witnesses
- Hearsay
- Requirement of Authentication
- Best Evidence Rule
- Specific Types of Computer Evidence
- E-mail
- Computerized Business Records
- Chat rooms, Newsgroups and listservs
- Web Page Content
- Photographs
Glossary
Table of Cases