Electronic Discovery and the Use of Social Media in a Family-Law ...

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E-Discovery Amendments to FRCP �Protections �Rule 26(b)(2)(B): no production of ESI if "not reasonably accessible because of undue burden or cost" �Rule 37(f): no sanctions on a party failing to produce ESI "lost as a result of the routine, goodfaith operation of an electronic information system" �Rule 26(b)(5)(B): allows producing party to ask for the return of inadvertently produced but privileged ESI
E-Discovery Amendments to FRCP �Protections �New Federal Evidence Rule �Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver �Involves whether inadvertent disclosure of information through discovery operates as a “subject matter waiver” of the attorney-client privilege or work-product doctrine �Will talk about Rule 502 more later
Page 1 and 2: Electronic Discovery and the Use of
Page 3 and 4: Dual Applicability of Today’s Inf
Page 5 and 6: Why E-Discovery? � E-discovery am
Page 7 and 8: Why E-Discovery? � Why e-discover
Page 9: E-Discovery Amendments to FRCP �
Page 13 and 14: Why E-Discovery in Family Cases?
Page 19 and 20: Consequences of Failing to Comply
Page 21 and 22: The Duty to Preserve � Impractica
Page 23 and 24: The Duty to Preserve � In family-
Page 25 and 26: Sources of ESI � Familiarize your
Page 27 and 28: Sources of ESI � Types of ESI fre
Page 29 and 30: Sources of ESI � Places ESI can b
Page 31 and 32: Sources of ESI . . . As another pra
Page 33 and 34: Sources of ESI � When planning ES
Page 35 and 36: Scope of ESI �All cases: For plai
Page 37 and 38: Scope of ESI � For family cases
Page 39 and 40: Scope of ESI � For family cases
Page 41 and 42: The Litigation Hold � Your client
Page 43 and 44: The Litigation Hold � Keep a mast
Page 45 and 46: Gathering Information � Step 4: G
Page 47 and 48: Gathering Information � This area
Page 49 and 50: Gathering Information � “Attorn
Page 51 and 52: Where did the Client Get This? �
Page 61 and 62:
Where did the Client Get This? �
Page 63 and 64:
Where did the Client Get This? �
Page 65 and 66:
Gathering Information � A related
Page 67 and 68:
Gathering Information � AAML also
Page 69 and 70:
Gathering Information � New Feder
Page 71 and 72:
Gathering Information � Advisory
Page 73 and 74:
Informal Social Networking Discover
Page 75 and 76:
Gathering Information � Overall,
Page 77 and 78:
Producing/Withholding ESI � Gener
Page 79 and 80:
Producing/Withholding ESI � Famil
Page 81 and 82:
Seeking ESI from Your Opponent �
Page 83 and 84:
Seeking ESI from Your Opponent �S
Page 85 and 86:
Formal Social-Networking Discovery
Page 87 and 88:
Electronic Evidentiary Issues � F
Page 89 and 90:
In Any Event . . . � Institute so
Page 91:
Bibliography � Virginia A. Albers
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Electronic Discovery and the Use of Social Media in a Family-Law ...

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