Scholarly Articles & Institutional Publications

Questions to Ask Your Client & Your Adversary to Prepare for Preservation, Rule 26 Obligations, Court Conferences & Requests for Production   From the Introduction: “This outline sets forth, by way of example only, a series of topics and questions to ask your client and your adversary as you prepare for meeting obligations related to […]

From the Conclusion: “…The prelitigation duty to preserve electronically stored information desperately needs attention by rule or otherwise. The trigger of the duty to preserve is fraught with uncertainty. Inherent power is employed within the framework of litigation governed by rules but is currently subject to no rules. If inherent authority presupposes ‘bad faith’ conduct, […]

41 MCGEORGE L. REV. 271, 276 (2010)   The full text is available can be downloaded at: http://heinonline…

Yale Journal of Law and Technology: Vol. 12: Iss. 1, Article 8 From the abstract: “[Courts] have adopted “special approaches” for conducting digital media searches. Although these approaches provide greater protection for privacy rights, they often severely hamper legitimate law-enforcement interests. In order to both preserve privacy rights and promote justice, legislatures must enact laws directed at the […]

From the Report: “This report makes a number of recommendations to address these problems by generally increasing awareness of what is at stake, and giving judges and court staff the enhanced training, tools and procedures they need to take an early, active role in e-discovery…The findings and recommendations in this report are based on extensive […]

From the Preface: “This Manual is intended to assist New York State Judges and court personnel in managing issues relating to the cost of discovery of electronically stored information (“ESI”).”   The full text is available at http://www2.nycbar.org…

From the Introduction:  “In this article, we will first address the revisions of both Rule 53 and the discovery rules, we will then survey the use of special masters in the burgeoning world of e-discovery, and we will conclude by suggesting the appropriate uses for such masters with particular reference to both legal and technical […]

Electronic Disclosure in International Arbitration, Chapter 4, Juris (Oct. 2008)   The full text is available upon purchase at http://www.jurispub.com…

From the Introduction: “With this Proclamation, The Sedona Conference® launches a national drive to promote open and forthright information sharing, dialogue (internal and external), training, and the development of practical tools to facilitate cooperative, collaborative, transparent discovery. This Proclamation challenges the bar to achieve these goals and refocus litigation toward the substantive resolution of legal […]

The full text is available at http://www.shb.com… Open pdf