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E-Discovery Resources: Use ThemE-Discovery Resources: Use Them

Digital data is likely to be implicated in any case and in any court. Conformance to the E-discovery requirements should be as responsive as possible.

Gary Audin

October 6, 2010

5 Min Read
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Digital data is likely to be implicated in any case and in any court. Conformance to the E-discovery requirements should be as responsive as possible.

E-discovery may seem to be a distant issue for the ICT staff, but it cannot be ignored. Digital data is likely to be implicated in any case and in any court. Conformance to the E-discovery requirements should be as responsive as possible.

The December 2006 revisions to the Federal Rules of Civil Procedure address the discovery of "electronically stored information". Electronically stored information will cover a wide range of communications capabilities, especially as enterprises move into multi-media Unified Communications. The enterprise should definitely look at the storage and retrieval impact on the enterprise ICT function. I know of one enterprise that limits the access to UC features because of regulatory concerns.

This means the ICT staff needs to understand e-discovery and its ramifications. I have worked for IMS Expert Services as an expert in technology. IMS publishes a monthly newsletter; the latest newsletter republished "A Guide to E-Discovery Resources on the Web" written by the editor Robert Ambrogi. The article provides "a guide to some of the more useful Web sites for learning about and keeping current with this essential area of practice."

The following portion of the article contains a number of recommendations to get started with e-discovery. The article is written for the legal community, but can be useful for the ICT staff and the legal departments of any enterprise.

A number of sites house original news stories, practice pieces, white papers, seminar presentations and other materials devoted to e-discovery.

Law.com's Legal Technology Center, for example, maintains a useful section devoted to Electronic Data Discovery. It features news articles and expert commentary written for the site and drawn from legal newspapers and magazines. An "E-Discovery Roadmap" lets you navigate your way through steps in the e-discovery process and learn about their requirements and best practices.

Craig Ball is a board-certified trial lawyer and a certified forensic examiner, a combination that uniquely qualifies him as an e-discovery consultant and prolific writer on e-discovery and computer forensics. His Web site collects his regular column together with a variety of his articles and presentations.

LLRX has long been a superior site for articles and resources on law technology and practice. The site features articles and updates covering e-discovery.

A collection of e-discovery materials from the Federal Judicial Center can be found by following the "materials on electronic discovery" link from its front page. The collection focuses on civil litigation and includes FJC workshop and seminar materials, research and publications, along with links to selected external materials. A link points to a separate page of materials focused on search and seizure of electronic data in criminal cases.

FindLaw's Electronic Discovery Center provides substantive articles and white papers on e-discovery along with vendor press releases. An "E-Discovery Wizard" provides checklists and links to articles regarding specific provisions of the federal rules.

Law Journal Newsletters, a division of ALM, publishes the newsletter E-Discovery Law & Strategy, which can be reached through this site. Subscribers can view the full text of articles as well as download the entire newsletter in PDF. Non-subscribers can view article summaries and purchase individual articles.

Michael Arkfeld's book Electronic Discovery and Evidence is a leading treatise on e-discovery. The book is available for purchase through Law Partner Publishing. Purchasers get password access to Web-only resources available here, including updates, forms and checklists.

A unique e-discovery resource is the Litigation Support Vendors Association. This site is home to multiple, free discussion forums covering such topics as e-discovery, computer forensics and best practices. All are moderated by industry experts and representatives of legal-technology companies. Jobs within the litigation support industry are also posted here.

Law.com's Legal Technology Center, for example, maintains a useful section devoted to Electronic Data Discovery. It features news articles and expert commentary written for the site and drawn from legal newspapers and magazines. An "E-Discovery Roadmap" lets you navigate your way through steps in the e-discovery process and learn about their requirements and best practices.

Craig Ball is a board-certified trial lawyer and a certified forensic examiner, a combination that uniquely qualifies him as an e-discovery consultant and prolific writer on e-discovery and computer forensics. His Web site collects his regular column together with a variety of his articles and presentations.

LLRX has long been a superior site for articles and resources on law technology and practice. The site features articles and updates covering e-discovery.

A collection of e-discovery materials from the Federal Judicial Center can be found by following the "materials on electronic discovery" link from its front page. The collection focuses on civil litigation and includes FJC workshop and seminar materials, research and publications, along with links to selected external materials. A link points to a separate page of materials focused on search and seizure of electronic data in criminal cases.

FindLaw's Electronic Discovery Center provides substantive articles and white papers on e-discovery along with vendor press releases. An "E-Discovery Wizard" provides checklists and links to articles regarding specific provisions of the federal rules.

Law Journal Newsletters, a division of ALM, publishes the newsletter E-Discovery Law & Strategy, which can be reached through this site. Subscribers can view the full text of articles as well as download the entire newsletter in PDF. Non-subscribers can view article summaries and purchase individual articles.

Michael Arkfeld's book Electronic Discovery and Evidence is a leading treatise on e-discovery. The book is available for purchase through Law Partner Publishing. Purchasers get password access to Web-only resources available here, including updates, forms and checklists.

A unique e-discovery resource is the Litigation Support Vendors Association. This site is home to multiple, free discussion forums covering such topics as e-discovery, computer forensics and best practices. All are moderated by industry experts and representatives of legal-technology companies. Jobs within the litigation support industry are also posted here.

The IMS article also provides more information including:

* Research and practices with a number of references
* E-Discovery blogs
* Vendor sites who provide services and products
The article was originally published in BullsEye, an e-newsletter created and distributed by IMS ExpertServices. IMS is the leading expert witness provider serving the AmLaw 200.

About the Author

Gary Audin

Gary Audin is the President of Delphi, Inc. He has more than 40 years of computer, communications and security experience. He has planned, designed, specified, implemented and operated data, LAN and telephone networks. These have included local area, national and international networks as well as VoIP and IP convergent networks in the U.S., Canada, Europe, Australia, Asia and Caribbean. He has advised domestic and international venture capital and investment bankers in communications, VoIP, and microprocessor technologies.

For 30+ years, Gary has been an independent communications and security consultant. Beginning his career in the USAF as an R&D officer in military intelligence and data communications, Gary was decorated for his accomplishments in these areas.

Mr. Audin has been published extensively in the Business Communications Review, ACUTA Journal, Computer Weekly, Telecom Reseller, Data Communications Magazine, Infosystems, Computerworld, Computer Business News, Auerbach Publications and other magazines. He has been Keynote speaker at many user conferences and delivered many webcasts on VoIP and IP communications technologies from 2004 through 2009. He is a founder of the ANSI X.9 committee, a senior member of the IEEE, and is on the steering committee for the VoiceCon conference. Most of his articles can be found on www.webtorials.com and www.acuta.org. In addition to www.nojitter.com, he publishes technical tips at www.Searchvoip.com.