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

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Seeking ESI from Your Opponent � Courts in family-law cases have adopted the “fishing expedition” theme �Schreiber v Schreiber, 904 N.Y.S.2d 886 (N.Y. App. Div. 2010) �Wife wanted forensic examination of husband’s computer because husband allegedly concealed income and assets �Husband said the request was just a fishing expedition �Husband submitted affidavit that he had already produced everything there was to produced
Seeking ESI from Your Opponent �Schreiber v Schreiber, 904 N.Y.S.2d 886 (N.Y. App. Div. 2010) �The court determined, as its role: �“Nevertheless, the court is bound to ‘oversee the discovery process and to insure that undue prejudice and delay do not occur as the result of additional and/or potentially open-ended discovery, including unwarranted fishing expeditions’” (citations omitted) �The court determined wife was not entitled to unrestricted turnover �Her request didn’t target particular information
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Electronic Discovery and the Use of
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Dual Applicability of Today’s Inf
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Why E-Discovery? � E-discovery am
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Why E-Discovery? � Why e-discover
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E-Discovery Amendments to FRCP �
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E-Discovery Amendments to FRCP �P
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Why E-Discovery in Family Cases?
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Consequences of Failing to Comply
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The Duty to Preserve � Impractica
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The Duty to Preserve � In family-
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Sources of ESI � Familiarize your
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Sources of ESI � Types of ESI fre
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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 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: Seeking ESI from Your Opponent �
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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