This comprehensive resource increases your chances of winning disputes arising from managing and using ESI in litigation. From challenging or defending the assertion of personal jurisdiction based on ESI-based contactsù to making or overcoming hearsay objections to ESI proffered as evidence at trial, Litigating with Electronically Stored Information provides you with the case law, rules, and best arguments to succeed. The book explores disputes likely to arise as the 2006 amendments to the Federal Rules of Civil Procedure are interpreted and applied, and makes the caseù for the best resolutions. This authoritative volume was written by and for litigators, but also includes topics of general applicability to attorneys and business managers, including Fundamentals of ESI Managementù and a chapter on ethical issues in managing ESI in the law firm and for the client. The first set of challenges in litigating with ESI - understanding what ESI is and how to process and review it - have come and gone. The next challenge is in using and managing ESI effectively. This comprehensive resource guides you in achieving that goal. This indispensable book brings you up to speed on the latest rules governing ESI and spells out how to manage ESI to your advantage in every phase of litigation. You get definitive analysis of the 2006 Amendments to the Federal Rules of Civil Procedure together with case-tested guidance in procedural matters involving jurisdiction, discovery, and evidence. Following a detailed explanation of the 2006 Amendments, this essential practice tool addresses how the new rules apply in real-world cases. It guides you through discovery in today's Internet and e-mail age with strategies for targeting the right evidence in the vast universe of potentially discoverable ESI and for responding to discovery. You gain a clear understanding of attorney-client issues unique to ESI, including duty to preserveù evidence requirements as they apply to e-mail and Internet activities. The book covers evidentiary rules as they apply to ESI in full detail, including authentication and hearsay, plus preservation orders and sanctions. The book also explores critical issues involving electronic surveillance and computer and Internet forensics.
Table Of Contents
Introduction - Overview. Jurisdiction and the Internet. Practicing with New Procedures ë Overview of the 2006 Amendments. Scope and Form of Production: Rule 34. Accessible v. Inaccessible Data. Shifting the Costs of Discovery; ESI Discovery ë Planning for Discovery. Responding to Discovery. Discovery from Third Parties.; ESI and the Attorney/Client Relationship ë Duty to Preserve. Inadvertent Disclosure. Ethical Issues in Litigating with ESI.Introduction to ESI Management.; ESI in the Courtroom - Authentication. Hearsay. Preservation Orders. Sanctions. Transaction Surveillance by the Government.;
Suman Beros is a partner at Riedy & Beros. He has extensive professional experience in designing, implementing, and operating business solutions in healthcare and other industries using established and emerging information technologies. He holds an M.B.A. in information systems and marketing management from Pace University.
Marian K. Riedy
Marian K. Riedy, Esq. is a partner of Riedy & Beros, LLC, an e-litigation consulting firm in Washington, D.C. She clerked for former Chief Judge Harrison Winter, U.S. Court of Appeals, 4th Circuit, and has since practiced law as a litigator. She has worked in large firms and small, and litigated a wide range of cases, ranging from complex, international trade disputes to jury trials in local courts. She. She graduated from Harvard Law School in 1981 and also holds an M.B.A. from Georgetown University's McDonough School of Business.
Kim Sperduto is managing director of The Sperduto Law Firm, PLC, a complex commercial litigation boutique in Washington, D.C. Mr. Sperduto received his undergraduate degree from Vanderbilt University, and his law degree and masters degree in public policy from Duke University. After clerking for federal judge Thomas C. Platt in New York, he worked at large litigation specialty firms on Wall Street before starting his own firm.