E-discovery Web Resources

1. E-discovery Web Resources Jimmy Coleman

2. The Key Players • The Sedona Conference • www.thesedonaconference.org • The Electronic Discovery Reference Model Project • www.edrm.net • The Federal Judicial Center • http://www.fjc.gov/

3. The Sedona Conference The E-discovery Think Tank • The Sedona Conference (have we heard about them before?) is a collection of jurists, lawyers, and other experts that address certain areas of litigation that are ripe for development • Working Group One developed the all-important 14 principles, addressing specific problems in electronic document retention and production

4. The Sedona Conference The E-discovery Think Tank • One of the main goals of The Sedona Conference is to aid in bringing down the costs of complex litigation by getting opposing parties on the same page BEFORE small problems become large ones. • The Conference has provided influential commentaries on topics such as: • Email retention • Protective holds • Legal holds

5. The Electronic Discovery Reference Model Guidelines and Standards

6. The Electronic Discovery Reference Model Guidelines and Standards • The EDRM, along with information from The Sedona Conference, is a valuable resource in streamlining the E-discovery process while potentially dramatically shaving costs for clients. • The EDRM develops guidelines and standards for E-discovery consumers and providers • The framework provided in the diagram is flexible and should be tailored to the specific needs of each client

7. The Federal Judicial Center Not Only The Judges’ Educational Resource • The Federal Judicial Center is the education and research agency established for the federal courts. • There is a page entitled “Materials on Electronic Discovery: Civil Litigation” that provides the Judiciary and other court employees with pertinent information pertaining to E-discovery • While useful for Judges, the website can also be highly informational for attorneys as it provides a wealth of information on many E-discovery topics.

8. The Federal Judicial Center Not Only The Judges’ Educational Resource • The website provides key items for those new to or looking for a refresher of the issues involved with E-discovery, including: • “Managing Discovery of Electronic Information: A Pocket Guide for Judges” • The E-discovery Amendments to the FRCP and Committee Notes • Judge Scheidlin’s “FAQ’s of E-discovery: The Ten Most FAQ’s in the Post-December 1st, 2006 World of E-discovery”

9. ABA Resources “Helping Lawyers Solve the Technology Puzzle” • The American Bar Association provides the Legal Technology Resource Center for its members that houses a repository of information related to E-discovery other technological issues • http://www.abanet.org/tech/ltrc/fyidocs/ediscovery.html • For attorneys interested in outsourcing their E-discovery needs, the website also provides a list of trusted vendors and information on how to vet your vendors

10. ABA Resources “Helping Lawyers Solve the Technology Puzzle” • For attorneys who are involved with smaller firms, the ABA has a crucial resource entitled “Ten Tips Leading to Efficient and Effective E-Discovery for the Small Law Firm” • Litigation can potentially be cost prohibitive for small firms; this guide provides simple advice on how to control the cost and save time • Article geared towards Plaintiffs’ firms • The ABA Section of Litigation under Issues & Analysis houses a library of articles geared toward E-discovery, many that specifically address the FRCP changes and whether attorneys are ready • Although some of the articles appear outdated, this question is still extremely relevant • The website also has a link to an audio program entitled “Electronic Discovery: Litigation’s Newest Pressure Point” • The ABA also provides a link to Department of Justice Computer Search & Seizure Guidelines • Addresses possible 4th Amendment and Statutory Issues

11. Harvard Law Library “The Smart Kids Help Out” • The Digital Discovery Team, composed of Harvard Law Students, compiled a website that provides attorneys with a good historical overview of E-discovery while addressing certain specific issues: • http://cyber.law.harvard.edu/digitaldiscovery/library.html • Safe Harbor Provisions between the United States and European Union • Review of key spoliation cases

12. eDiscovery Institute Not quite Sedona… • The eDiscovery Institute is a non-profit organization dedicated to resolving electronic discovery challenges by conducting studies of litigation processes that incorporate modern technologies. • Advisory Board consists of technology experts, attorneys in the field, and judges. • The results of the Institute’s studies are meant to analyze and measure the “relative merits of new discovery methods and technologies.” • http://www.electronicdiscoveryinstitute.com/index.html

13. Law Technology News Law.com’s contribution to E-discovery • This website is ideal for those looking for the latest news in E-discovery • http://www.law.com/jsp/lawtechnologynews/e_discovery.jsp • This website also contains other news on relevant sections of law, such as: • IT management • networking and storage • trial technology • compliance.

14. Findlaw’s Technology Section Law.com’s Rival • Findlaw.com’s Technology section, specifically the area focused on E-discovery, is a great resource for news • http://technology.findlaw.com/electronic-discovery/ • The site also provides interactive E-discovery tools based on the EDRM giving attorneys a one-stop shop for the key phases of litigation

15. Law Journals Not just Harvard… • The Federal Courts Law Journal, while not limited to just E-discovery, has a wide variety of E-discovery articles in its archives • http://www.fclr.org/ • The University of Florida School of Law lists all Law Journals relating to E-discovery • http://grove.ufl.edu/~techlaw/links/index.html

16. Summation Look here first • There is a wealth of information and resources related to E-discovery on the internet, but most roads point back to The Sedonia Conference and the Electronic Discovery Reference Model Project.

17. Questions • What is the proper spelling of E-discovery?

18. Questions 2. Does an employee waive attorney-client privilege when that employee sends an email to his or her attorney from a personal, password protected email account on a company laptop when the company has an electronic communication policy in place?

19. Questions 3. Should every attorney be required to take a CLE on E-discovery?