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The Only Complete eDiscovery Reference Source

  • Pubs.

  • IT Primer

  • Legal Hold

  • ESI Strategies

  • EDE Guide

 
   

Arkfeld on Electronic Discovery and Evidence

The acclaimed Arkfeld on Electronic Discovery and Evidence (3rd ed.)(updated biannually) 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 (3rd ed.) 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                                                                       Companion CD-ROM - contains all publications, full text of cases and hyperlinked for your convenience, and practice forms, planning guides, IT discovery questions and other resources.

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 Information Technology Primer for Legal Professionals

The Information Technology Primer (updated annually) provides a much needed primer in understanding "electronically stored information" (ESI), the creation, storage and deletion of ESI, and  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 IT in organizations and the electronic discovery process.
 - 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
 
 
         

 


 

 
   

Legal Hold

The Legal Hold Best Practices Guide (updated annually) provides strategic guidance, recommendations and practice forms for legal professionals, including corporate counsel, in preparing for and implementing a “legal 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 (updated annually) 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 - Sixteen Crtitcal Issues
• Litigation Stages and Procedural Discovery Rules

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Electronic Discovery and Evidence

This Best Practices Guide (updated annually) 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
• Electronic Discovery Plan
• Steps to Requesting Electronic Information
• Steps to Responding to an Electronic Discovery Request
• Admission of Electronic Evidence
• Amended Federal Rules and Comm. Notes
• NEW - "Meet and Confer" Planning Guide 

 Learn more . . .         Order now . . . 

 
         

 

Publication Reviews

Electronic Discovery and Evidence Reviews


"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"



“[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 inescapable part of your law practice, I unreservedly recommend that the Electronic and 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.

"Mr. Arkfeld's treatise on Electronic Discovery and Evidence is an extraordinarily useful, practical and accessible guide to an emerging and critical area of discovery." Browning E. Marean III, Partner, Gray Cary


“Many of us have not moved as rapidly into the computer/electronic age as quickly as have our clients and our litigation adversaries. Electronic discovery is already more important in today's cases than our old-time paper discovery. Mr. Arkfeld's book is a magnificent resource that will give its readers a great pretrial and trial advantage.” Michael C. Manning, Partner, Stinson Morrison Hecker LLP


Michael Arkfeld’s Electronic Discovery and Evidence serves as a solid digital discovery reference resource, packed full of detailed information and replete with case citations. . . . Electronic Discovery and Evidence is a compendium of information about electronic discovery, from overviews to minutia, replete with case citations. It makes an excellent reference resource for attorneys and their support staff. It also is of value to the forensic service bureaus catering to those attorneys. George Socha, Esq. Socha Consulting , LLC

"I have sat through maybe 7 or 8 seminars on "E-Discovery" and they remind me of the info-mercials you see on TV... "You could be doing E-Discovery!!!" offering all the fluff and the 30,000 foot view, but just a minimum when it comes to the practicals. Your Treatise is the most in-depth, step by step approach, containing every variable I could come across. With all the anxiety of sanctions from not doing things right, it's nice to know I have an up-to-date resource that has already planned ahead giving me guidelines and setting me up for success. Thanks again. Bowe Kurowski, Weston Benshoof


"In this extremely valuable new book . . . [Arkfeld] has succeeded in creating a work that is both comprehensive and comprehensible to the noncomputer specialist. This should be a valuable addition to academic and court law libraries, as well as to firms with a significant litigation practice." - James Gernert, Electronic Resources Librarian, University of Baltimore Law Library, MD.

- Legal Information Alert, (Volume 23, Issue #1), Alert Publications, Inc., Chicago, IL. (www.alertpub.com).


"As many of you will recall, my column in the November-December 2001 issue of this magazine was a review of a book “The Digital Practice Of Law, 5th Edition” by Michael R. Arkfeld. In my article I stated that this book was “by far the best legal technology resource available on the market for lawyers… written for the average legal practitioner”. Now Mr. Arkfeld has published another book “Electronic Discovery and Evidence” which is equally superb. “Electronic Discovery and Evidence” provides trial lawyers and business lawyers the essentials they need to know about electronic records, where they reside and what is needed to discover them." David Narkiewicz, Chief Information Officer and Deputy General Counsel in the Pennsylvania's Governor’s Office of General Counsel. Click here for the complete review!

"This unassuming one-volume loose-leaf publication packs a powerhouse of information into eight chapters. . . The main purposes of the book are to first explain, and then to persuade others about the importance of knowing about current technology. Arkfeld places this need in the middle of the discovery process where most attorneys come face-to-face with the issues of electronic data in the form of e-mail, different versions of documents, etc. In this realm lie many pitfalls that Mr. Arkfeld addresses astutely and comprehensively. . . .In these chapters, Arkfeld is wonderful at explaining what questions to ask the computer consultants so that the right person for the job is hired. . . . For the many practitioners and litigators with little or much knowledge of technology, this book can be of tremendous use. It is down to earth. The author explains technology in lay­men's terms. He elucidates the interactions between the courts and law of discovery and evidence, and new and ever changing technology. " Elizabeth B. Wood, J.D., M.L.S. is the librarian at Gordon, Thomas, Honeywell, Malanca, Peterson and Dahiem, LLP. Click here for the complete review!


"Electronic Discovery and Evidence is a thorough and pragmatic compendium of information covering the broad range of subjects a trial lawyer must know to discover, protect, and produce electronic information in the course of litigation and counseling clients. The book contains detailed and complete discussions regarding both the technical and legal aspects of what we have come to call "electronic evidence." Nonetheless, because it is well organized and contains helpful chapter and subchapter titles, it is easy to read and comprehend. Of greatest importance is the fact that all of the chapters, whether "technical" or "legal," contain extensive references to recent cases and law review articles. These discussions make this book an indispensable reference manual for a trial lawyer newly initiated to the intricacies of electronic discovery. . . I highly recommend this book to the practicing trial bar." Cassandra G. Sasso is a partner at Baker & Hostetler LLP, Denver, Colorado, specializing in commercial and employment. Published in The Colorado Lawyer / June 2004 / Vol. 33, No. 6. Click here for the complete review.


"But guess what? All this information is hearsay and will have to fall under one of the hearsay exceptions in order to be admissible at trial. And undoubtedly the boss's attorney will challenge the authenticity of the evidence. Thankfully, Arkfeld thoroughly addresses each issue and includes cites to reported cases dealing with these issues so that the litigator can get started on that motion in limine. . . . but if you litigate, you will need something more thorough - a resource that includes detailed legal and technical analysis of all the issues - and I certainly recommend Arkfeld's book for this purpose. It is a logical, thorough, and readable way for an attorney to prepare for the new world of electronic evidence and discovery."

Michael Coblenz is an intellectual property attorney in Lexington, Ky. Published in The Federal Lawyer/May 2005. Click here for the complete review.

 

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