Electronic Evidence and E-Discovery
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Are You Prepared for Litigation Involving Electronic Information?
Virtually every case today, from small claims to class actions, involves electronic information: emails, word-processing documents, spreadsheets and databases, metadata, digital photographs, and many other media. Electronic information can make or break a legal cause of action or a defence-or lead to a quick settlement.
Issues that did not exist a decade ago now play a major role in deciding the outcome of litigation:
- What constitutes electronic evidence?
- When do you need to retain it?
- When are you obligated to disclose it?
- How is it gathered?
- How do you use-or challenge-it in court?
Electronic Evidence and E-Discovery is an essential evidence law resource for anyone who participates in civil litigation or electronic information management. Discover how traditional methods have changed to keep pace with technological advancements-and make sure your clients or organization are not exposed to unnecessary risk.
Features and Benefits
- Discussion of preventative measures to help you manage risk before litigation arises
- Electronic discovery strategy recommendations for disclosing and obtaining discovery of electronic evidence-and how to obtain e-discovery from non-parties
- Sources of electronic evidence to ensure you protect, retain, and search all relevant media
- Step-by-step explanation of how computer forensics can work to your advantage in litigation
- Checklist of key steps and issues in creating a document management policy
- E-Discovery checklist for effectively gathering and preserving electronic evidence during the discovery or disclosure process
Essential Risk Management Advice For
- Civil litigators who need to know how to gather and present electronic information to support a case
- Corporate counsel who strive to balance the costs of retaining and gathering electronic information against the need to succeed in litigation
- Crown counsel who are obligated to disclose all documents in a case
- Business executives and IT managers who are responsible for designing and implementing policies, systems, and procedures for managing electronic information
Table of contents
Chapter 1: Introduction to Electronic Evidence and Electronic Discovery
Chapter 2: Managing Electronic Evidence Risks before Litigation: Document Management Policies
Chapter 3: Electronic Discovery: the Obligation to Preserve and Disclose Electronic Evidence
Chapter 4: Gathering and Preserving Electronic Evidence
Chapter 5: Using and Challenging Electronic Evidence Effectively