electronic disovery

David Isom is a pioneer and continuing leading-edge lawyer in the field of electronic discovery and digital law. Rapidly changing technology leaves law-makers scrambling to keep pace. Sloppy management of electronic discovery can result in poor outcomes, lost opportunities and dangers including significant sanctions.

Electronic discovery refers to any process in which electronic data is or ought to be preserved, sought, accessed, located, secured, searched, produced or used as evidence in a civil or criminal litigation or in arbitrations, mediations, investigations or other dispute resolution processes.

When the new federal rules of electronic discovery were adopted in 2006, some argued electronic discovery was so rare that new rules were not needed.  Now, electronic discovery is so ubiquitous that some argue all document discovery is or should be electronic discovery.

Best Practices

  1. SCOPE AND PURPOSE OF BEST PRACTICES
  2. ENGAGING TRIAL AND ELECTRONIC DISCOVERY COUNSEL
  3. INFORMATION TECHNOLOGY, DOCUMENT RETENTION AND USAGE POLICIES
  4. ELECTRONIC DISCOVERY TEAM
  5. LITIGATION HOLD
  6. INITIAL IT ASSESSMENT
  7. COST, BURDEN AND IMPORTANCE OF ESI
  8. WRITTEN STRATEGIC PLAN
  9. PRESERVATION AND ACQUISITION
  10. DOCUMENT RETENTION, DESTRUCTION AND USAGE POLICIES, MANUALS AND PRACTICES
  11. SCOPE AND LIMITS OF PRESERVATION AND PRODUCTION
  12. INADVERTENT LOSS OF RELEVANT ESI
  13. INACCESSIBILITY
  14. EARLY ATTORNEY AND COURT CONFERENCES
  15. PROCESSING, CULLING AND DEDUPLICATING
  16. HOSTING
  17. ATTORNEY REVIEW
  18. INITIAL DISCLOSURES
  19. DEPOSITIONS
  20. SUBPOENAS DUCES TECUM
  21. TECHNOLOGY AND FORENSICS
  22. REQUESTS FOR PRODUCTION AND RESPONSES TO REQUESTS; FORMAT
  23. INTERROGATORIES
  24. INSPECTION
  25. PRIVILEGE AND WORK PRODUCT PROTECTION
  26. PRIVACY, CONFIDENTIALITY AND PROPRIETARY INTEREST IN ESI
  27. SPOLIATION SANCTIONS
  28. ELECTRONIC EVIDENCE
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Best Practices Document


Seminars

Recent Seminars by David Isom

LegalTech New York, Tools for Controlling the Cost of Electronic Discovery.

Tenth Circuit Conference of Judges and Lawyers, Discovery of Inaccessible ESI, Colorado Springs.

Annual Meeting, Association of Corporate Counsel, The Role of Electronic Discovery Counsel, Seattle.

DRI Seminar on Electronic Discovery, How to Get an Electronic Discovery Case Management Order that Works, New York City.

ARMA International Seminar on Electronic Document Discovery and Retention, Building and Leading an Effective Discovery Preparedness Team, New York City.

Publications by David Isom

David Isom, The Burden of Discovering Inaccessible Electronically Stored Information: Rules 26(b)(2)(B) & 45(d)(1)(D), 2009 Federal Courts Law Review 1, http://www.fclr.org/fclr/articles/

Mary Mack and David Isom, Chapter 3, Key Considerations in Choosing Outside Electronic Discovery Counsel and Consultants, eDiscovery for Corporate Counsel, 2009 Ed.

Five Electronic Discovery Questions Regarding Inaccessibility with David Isom, Five Questions

Sharon Nelson, David Isom, John Simek, Eds., Information Security for Lawyers and Law Firms, American Bar Association (2007).

David Isom, Electronic Discovery Primer for Judges, 2005 Federal Courts Law Review 1, http://www.fclr.org/fclr/articles/

Online Resources

Michael Arkfeld blog

Craig Ball Blog

Clearwell Systems Blog

EDD Blog Online

Electronic Discovery Reference Model

Electronic Discovery Blog

Fios, Inc. Blog

K&L Gates, Electronic Discovery Law Blog

Dennis Kennedy Blog

Ralph C. Losey's e-Discovery Team Blog

Sharon D. Nelson's Blog, Ride the Lightning

Sedona Conference

Ken Withers Blog

Print Resources

 Arkfeld on Electronic Discovery & Evidence 3d Ed.  (2010)

Carole Basri and Mary Mack, eDiscovery for Corporate Counsel (2009 Ed.)

Adam I. Cohen & David J. Lender, Electronic Discovery Law and Practice (2009)

Ralph C. Losey, e-Discovery: New Ideas, Case Law, Trends & Practices (2010)


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