jimmy coleman. the sedona conference the electronic discovery reference model project the...

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Jimmy Coleman

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Jimmy Coleman

The Sedona Conference• www.thesedonaconference.org

The Electronic Discovery Reference Model Project• www.edrm.net

The Federal Judicial Center • http://www.fjc.gov/

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

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

Guidelines and Standards

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

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.

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”

“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

“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

“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

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

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.

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

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

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.

1. What is the proper spelling of E-discovery?

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?

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