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Electronic Data Discovery

Some of the links below are to pdf documents, for which you will need Adobe Reader. Click the button to download and install it (free) .

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Web Logs on Electronic Discovery. Kirkpatrick & Lockhart Preston Gates Ellis LLP's (K&L Gates), offering is entitled Electronic Discovery Law and is particularly useful for keeping abreast of recent developments, including the recent extensive changes to the Federal Rules of Civil Procedure, which went into effect December 1, 2006. Alexander Lubarsky's Alextronic Discovery takes a somewhat breezier approach to the subject, and Mary Mack's Sound Evidence: E-Discovery Simplified, looks at things from a vendor's perspective (she is Technology Counsel for Fios, Inc.). 

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Zubulake (pronounced "Zoo-boo-layk") Decisions. All seven written decisions by Judge Shira A. Scheindlin (pronounced "SHEND-lin") of the USDC for the Southern District of New York in the case of Zubulake v. UBS Warburg, LLC (Zubulake I, Zubulake II, Zubulake III, Zubulake IV, Zubulake V, Zubulake VI, Zubulake VII). They chronicle the electronic discovery battle in a high-stakes employment discrimination case.[1] Judge Scheindlin's analysis of the issues presented is quite thorough, and her rulings are widely regarded as establishing the gold standard. These decisions ultimately set the stage for a plaintiff's verdict in excess of 29 million dollars.

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Sedona Conference. The mission of this organization is to bring leading jurists, lawyers, experts and academics in the fields of antitrust, complex litigation and intellectual property together "to move the law forward in a reasoned and just way." It has taken the lead in bringing some uniformity to electronic discovery by promoting "The Sedona Principles: Best Practices Recommendations and Principles for Addressing Electronic Document Production" and "The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information and Records in the Electronic Age," both of which are cited often by the courts. Its  Working Group on Electronic Document Retention and Production has also prepared a white paper entitled "Best Practices for the Selection of Electronic Discovery Vendors: Navigating the Vendor Proposal Process" and other publications.

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Ken Withers' Web Site. Ken Withers is the Senior Judicial Education Attorney at the Federal Judicial Center in Washington, D.C. He has been a leading figure in the drive to bring the Federal Rules of Civil Procedure into the 21st Century. This site has a rich collection of links to authoritative material on the subject, including his "Annotated Case Law on Electronic Discovery."

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Sedona Conference Vendor Panel. Companies listed here have agreed to respond to the standard-form RFP generated by the RFP+ Sub-Group of The Sedona Conference Working Group on Electronic Document Retention and Production and to use the definitions in its Glossary. See above. The web sites of many of these providers, in addition to touting their services, provide access to articles, white papers, etc., on the subject of electronic discovery.

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Federal Judicial Center. This organization is the primary educational resource for the federal court system. The site contains links to many publications and other educational materials for judges and other court personnel, including Manual for Complex Litigation, Fourth.

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Discovery Resources is a gateway to news, information and resources about electronic discovery sponsored by Fios, Inc. Its sister site, Compliance Resources, covers a broader range of topics concerning corporate regulation by government.

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American Bar Association E-Discovery Issue Center. Numerous links to electronic discovery resources, including articles, newsletters, books, guidelines, and reports.

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Richmond Journal of Law & Technology (JOLT).  Touts itself as "the first exclusively online law review." Publishes an Annual Survey of Electronic Discovery.  

 

1.    Not all seven of these decisions deal with electronic discovery; however, it may be useful to read them in chronological order to get the full flavor of Judge Scheindlin's reasoning.

 

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