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Browsing by Subject "Electronic Discovery Reference Model (EDRM)"
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Item Electronic Discovery in 2018: Current Challenges and Helpful Resources(2018) Hook, Sara AnneBack in 2011-2012, the author wrote a four-part series of articles on electronic discovery (e-discovery), specifically as it related to bankruptcy, for NABTalk: The Journal of the National Association of Bankruptcy Trustees.1-4 Since then, it has been exciting to watch the field of e-discovery evolve over the past decade, particularly from the vantage point of the author's role as a faculty member who teaches a full-semester online course on e-discovery every year. This article will summarize some of the recent developments in e-discovery, highlight some of the current challenges and feature some of the resources and technologies that are available to provide guidance and support for an e-discovery process.Item Electronic Discovery: The Basics(2011) Hook, Sara AnneThis article is the first in a series about electronic discovery in bankruptcy. This article will cover the basics of electronic discovery, including history, rules and resources. Future articles will apply electronic discovery principles to bankruptcy law practice, review current technologies that can assist with electronic discovery before and during litigation and discuss examples where the failure to properly handle the electronic discovery process properly in bankruptcy cases resulted in sanctions and the lessons that can be learned from these cases.Item Privilege Log 101(2017-12-01) Hook, Sara AnneJoin us for a massive celebration of law and technology with a local twist: E-Discovery Day! This inaugural, full-day program, including multiple hours of CLE, a vendor fair and reception, will feature a judicial panel, in-house perspectives, case law updates, ethics and so much more.Item The State of E-Discovery as Social Media Goes Mobile(2015-07-13) Faklaris, Cori; Hook, Sara AnneWith the series of decisions in Zubulake v. UBS Warburg1-4 and the revisions to the Federal Rules of Civil Procedure5, a new field within legal practice appeared, the law regarding electronic discovery (e-discovery). Although the phase of litigation known as discovery has existed for many years, with opposing parties and their lawyers making requests and exchanging documents that are relevant to a case, e-discovery transformed this process from the paper-based, pre-Internet world of discovery to a whole series of rules and decisions related to how to identify, collect, preserve, analyze, review, produce and present electronically-stored information (ESI). Not only is this evidence in digital form, but it also exists a wide range of media and formats, from word processing and spreadsheet files to photographs, blog postings, videos, emails and websites. Recent debates and court decisions have focused on electronically-stored information posted on social media sites such as Facebook as well as more informal and transient communications involving text messages and new services for mobile devices, such as WhatsApp and Snapchat. As the co-authors will demonstrate through current cases, each new technology that generates electronically-stored information is an opportunity to trace its path through the phases of the e-discovery process, to note the legal, technological, logistical and ethical issues at each phase and to consider any special challenges that lawyers and their support teams might face. This research is particularly timely, given that the U.S. Federal Rules of Civil Procedure are being significantly revised again.6 Among the revised rules that will become effective on December 1, 2015, if approved by the U.S. Supreme Court and Congress, are several that directly impact electronically-stored information, including Rules 16, 26, 34 and 37, with the goal of making the e-discovery process more efficient and less burdensome and costly. 1. Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003). 2. Zubulake v. UBS Warburg, 216 F.R.D. 280 (S.D.N.Y. 2003). 3. Zubulake v. UBS Warburg, 220 F.R.D. 212 (S.D.N.Y. 2003). 4. Zubulake v. UBS Warburg, 229 F.R.D. 422 (S.D.N.Y. 2004). 5. Federal Rules of Civil Procedure, Legal Information Institute, Cornell University Law School, As Amended to December 1, 2014, https://www.law.cornell.edu/rules/frcp, (last visited 5/13/15). 6. Jordan D. Maglich, Major Changes Coming to the Rules of Civil Procedure. 62 The Fed. Law. 37-45 (March 2015).