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

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The Litigation Hold � Step 3: Institute a litigation hold, either on your own client or by triggering the duty to preserve for the opponent �Once a client has a duty to preserve information, the lawyer has a duty to institute an effective litigation hold
The Litigation Hold � Your client: draft a litigation-hold letter �Description of all documents to be preserved �Time frame for preservation �Categories of data �Consequences of failure to preserve �Requirement to certify compliance �Prohibition on segregating or transferring data so that it is altered �Suspension of clean-out or janitor programs �May need to be updated and resent as cases progress
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 and 10: E-Discovery Amendments to FRCP �
Page 11 and 12: E-Discovery Amendments to FRCP �P
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: Scope of ESI � For family cases
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 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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